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THE 

School Laws 
Annotated 



OF THE 



State of Colorado 

As Amended to Date 
January 1, 1912 




The Smith-Brooks Company, State Printers 
Denver, Colorado 



.-^^ 






A- 



In tke preparation of this work I am justly indebted to 
Miss Emily Griffith, deputy state superintendent, whose 
w^ide experience in matters of school law, and whose 
zeal and energy in all matters of this department have 
made her services in this connection especially invalu- 
able, and also to Mr. I. B. Melville of the Denver Bar, 
who so kindly offered to review the manuscript before 
it passed into the hands of the printer 



f^^ 12 1912 



: HOTE 

^ This volume contains the complete school laws 
^ of Color ado y all provisions of the enabling act and 
constitution of the state pertaining to public 
schools^ and the general provisions of the laivs 
establishing the different state educational insti- 
tutions^ including the industrial schools for boys 
and girls^ revised to January i, 1912. 

These laivs have been alphabetically arranged 
under appropriate headings^ with all decisions of 
the appellate courts of this state and of this de- 
partment construing or relating to any portion of 
the laiv placed under the section containing the 
same. 

Tour attention is respectfully called to the 
fact that tvhile these laios are distributed free to 
all school officers^ it should be remembered that 
they belong to the office and not to the individual, 
and so should be preserved and turned over to 
your successor's. 

Superintendent of Puhlic Instruction. 
Denver, Colorado, January 1, 1912. 



EXPLANATORY NOTE 

Section numbers used in this edition for the enabling act 
and Colorado constitution are the corresponding numbers used 
in the Revised Statutes of Colorado of 1908. 

Numbers at the beginning of each section of the law proper, 
commencing with "Alcoholic Drinks," are our own. The number 
at the end of each such section is the corresponding number of 
the section of the Revised Statutes. 

This edition of the school law is to be known as the "School 
Laws Annotated." In referring to a section thereof — for Instance, 
section 25 — the reference should be "S. L. A. 25." 

The letters "R. S." mean Revised Statutes. The figures fol- 
lowing are the corresponding sections of such statutes, but are 
used herein for identification only, and not for reference; for 
instance, "R. S. 25" means section 25 of the Revised Statutes of 
Colorado of 1908. 

The letters and figures "S. L. '09" or "S. L. '11" refer to the 
official Session Laws of Colorado for the year 1909 or 1911. The 
numbers following are the pages of such official laws; for in- 
stance, "S. L. '09, p. 26," means the corresponding portion of the 
law found on page 26 of the Session Laws of Colorado of 1909. 

The letters "C." and "C. A." mean Colorado Supreme Court 
Reports and Colorado Court of Appeals, respectively. The num- 
bers preceding are the numbers of the volumes, and the numbers 
following are the pages of such volume. For instance, "4 C. 25" 
refers to the decision found in the fourth volume of the Colorado 
reports, beginning at page 25. 

The paragraphs in the smallest type, following the word 
"Note," are either references to other provisions of the law or in 
explanation of general provisions, but are not to be considered in 
any sense as decisions of this department. 

The paragraphs in small type designated "a" and "?>," etc., 
are points of law decided by our Colorado Supreme Court or 
Court of Appeals, and are followed by the title of the case and 
the number and page of the volume in which found. For in- 
stance, ''Smith V. Jones, 4 C. 25," refers to the official decision, 
entitled "Smith v. Jones," beginning at page 25 of volume 4 of the 
Supreme Court Reports of Colorado. 

The paragraphs in small type, numbered consecutively 
under each section of the law to which they refer, are the official 
decisions of the various state superintendents of public instruc- 
tion rendered since the establishment of such office — excepting 
that those are omitted which have been overruled or modified by 
our Colorado courts — and have the effect of court decisions until 
overruled or set aside by the courts of this state. The numbers, 
however, do not refer to the order in which such decisions were 
rendered, but are used herein for reference only. For instance, 
in referring to decision 3 under section 2 of the law, one should 
say, "Decision 3, section 2, School Laws Annotated." In writing 
the same, the abbreviation would be, "Decision 3, §2, S. L. A." 



Provisions of the Enabling Act 



AND 



Constitution 
of the State of Colorado 

Pertaining to Public Schools 



THE ENABLING ACT 



7. Lands for schools. The sections numbered 
sixteen and thirty-six in every township, and where 
such sections have been sold or otherwise disposed 
of by any act of congress, other lands equivalent 
thereto in legal subdivisions of not more than one 
quarter-section, and as contiguous as may be, are 
hereby granted to said state for the support of com- 
mon schools. 

# # # :5^ 4^ # # 

10. Seventy-two sections for university. That, 
seventy-two other sections of land shall be set apart 
and reserved for the use and support of a state uni- 
versity, to be selected and approved in manner as 



§§14-15 ENABLING ACT 

aforesaid, and to be appropriated and applied as the 
legislature of said state may prescribe for the pur- 
pose named and for no other purpose. 

# # # ^ jjp ^ T^ 

14. School lands — how sold — price. That the 
two sections of land in each township herein granted 
for the support of common schools, shall be disposed 
of only at public sale, and at a price not less than 
two dollars and fifty cents per acre, the proceeds 
to constitute a permanent school fund, the interest 
of which is to be expended in the support of com- 
mon schools. 

Trustee's sale void, when. 
a. A trustee's sale of school lands not in accordance 
with the terms of trust absolutely void. — City of Denver v. 
Kent, 1 C. 336 

15. Mineral lands excepted. That all mineral 
lands shall be excepted from the operation and 
grants of this act. 

Indemnity lands. 
Note. This section should be construed in connection with 
section 7, supra, in that if sections 16 or 36 in any township are 
mineral in character, other sections are selected by the state in 
lieu thereof, and when any lands are selected in lieu of sections 
16 or 36, or portions thereof, such selected land is known as 
"Indemnity Land." 



CONSTITUTION 



ARTICLE IV 

EXECUTIVE DEPARTMENT 

1. Term of office — residence — duties — seat • of 
government. The executive department shall con- 
sist of a governor, lieutenant-governor, secretary of 
state, auditor of state, state treasurer, attorney- 
general, and superintendent of public instruction, 
each of whom shall hold his office for the term of 
two years, beginning on the second Tuesday of Jan- 
uary next after his election; ^ ^ ^ The officers 
of the executive department, except the lieutenant- 
governor, shall, during their term of office, reside at 
the seat of government, where they shall keep the 
public records, books and papers. They shall per- 
form such duties as are prescribed by this constitu- 
tion or by law. 

#4U ^ Atf ^ 4lf ^tt 

*78* •?¥• -TV* "TS* W ^ 

3. State officers — election — ^returns — canvass — 
contests. The officers named in section one of this 
article shall be chosen on the day of the general 
election, by the qualified electors of the state * * *. 

4. Eligibility — first election — thereafter — age — 
residence. No person shall be eligible to the office 
of governor, lieutenant-governor, or superintendent 
of public instruction, unless he shall have attained 
the age of thirty years. ^ ^ * and in addition 
to the qualifications above prescribed therefor, he 
shall be a citizen of the United States, and have re- 



§§6-8-16 CONSTITUTION Art. iv 

sided within the limits of the state two years next 
preceding his election. 

# * ^ # # # * 

6. Governor appoint officers — vacancy — election 
— senate confirms. ^ * * if the office of auditor 
of state, state treasurer, secretary of state, attorney- 
general, or superintendent of public instruction, 
shall be vacated by death, resignation or otherwise, 
it shall be the duty of the governor to fill the same 
by appointment, and the appointee shall hold his 
office until his successor shall be elected and 
qualified in such manner as may be provided by 
law. ^ * * 

* # # # ^ ^ ^ 

8. Governor demand information from officers. 

The governor may require information in writing 
from the officers of the executive departmetit upon 
any subject relating to the duties of their respective 
offices, which information shall be given upon oath 
whenever so required ; he may also require informa- 
tion in writing at any time, under oath, from all 
officers and managers of state institutions, upon any 
subject relating to the condition, management and 
expenses of their respective offices and institu- 
tions. «^ * * 

m ^ ^ :^ ^ # * 

16. Officers keep account of moneys — semi- 
annual reports. An account shall be kept by the 
officers of the executive department and of all pub- 
lic institutions of the state, of all moneys received 
by them severally from all sources, and for every 
service performed, and of all moneys disbursed by 



Arts, iv-v CONSTITUTTOX §§17-19-20-25 

them severally, and a semi-annual report thereof 
shall be made to the governor, under oath. 

17. Officers executive department — biennial re- 
port — governor transmit. The officers of the execu- 
tive department, and of all public institutions of 
the state, shall, at least twenty days preceding each 
regular session of the general assembly, make full 
and complete reports of their actions to the gov- 
ernor, who shall transmit the same to the general 
assembly. 

#Mf ^ M» M^ J£» <UU 

W WWW W W 

19. Officers receive salary — fees paid into treas- 
ury. The officers named in section 1 of this article 
shall receive for their services a salary to be estab- 
lished by law, which shall not be increased or di- 
minished during their official terms. It shall be the 
duty of all such officers to collect in advance all fees 
prescribed by law for services rendered by them 
severally, and pay the same into the state treasury. 

20. Superintendent of public instruction, ex 
officio librarian. The superintendent of public in- 
struction shall be ex officio state librarian. 

* * * # ^ ^ # 

ARTICLE V 

SPECIAL LEGISLATION 

W W W W W w ^ 

25. Special legislation prohibited. The general 
assembly shall not pass local or special laws in any 
of the following enumerated cases, that is to say; 
* * # providing for the management of common 
schools * ^ *. 

Local or special laws. 
a. An act providing for the annexation and consolida- 
tion of school districts organized under the general school 

9 



§§1-4 CONSTITUTION Art. vii 

laws and those organized under special charter is in contra- 
vention of section 25, article 5, of the constitution, which 
prohibits the general assembly from passing local or special 
laws for the management of common schools. — In re School 
Dist., 26 C. 136 



ARTICLE VII 

SUFFRAGE AND ELECTIONS 

1. Citizenship. Every person over the age of 
tAventy-one years, possessing the following qualifica- 
tions, shall be entitled to vote at all elections : He 
or she shall be a citizen of the United States, and 
shall have resided in the state twelve months im- 
mediately preceding the election at which he offers 
to vote, and in the county, city, town, ward or pre- 
cinct, such time as may be prescribed by law. 

Residence in city, town, ward and precinct. 
Note. Section 146 provides, in addition to above, that such 
person shall reside in this state one year immediately preceding 
the election at which he offers to vote; in the county, ninety 
days; in the city or town, thirty days; and in the ward or pre- 
cinct, ten days; and section 143 provides that to vote at school 
election, the elector must live in the school district thirty days. 

Wife of alien when naturalized. 

1. The wife of an alien becomes naturalized upon the 
naturalization of her husband, and is a citizen, as the term 
is used in the school law. 

2. A foreign woman who marries a citizen of the United 
States becomes herself a citizen, and in Colorado becomes a 
qualified elector. 

4. Absence in civil or military service. For the 

purpose of voting and eligibility to office, no person 
shall be deemed to have gained a residence by rea- 
son of his presence, or lost it by reason of his ab- 
sence, while in the civil or military service of the 
state, or of the United States, nor while a student 
at any institution of learning, nor while kept at pub- 

10 



Art. vii CONSTITUTION §§5-6-10 

lie expense in any poorhouse or other asylum, nor 
while confined in public prison. 

5. Privilege of voters. Voters shall in all cases, 
except treason, felony or breach of the peace, be 
privileged from arrest during their attendance at 
elections, and in going to and returning therefrom. 

6. Electors only eligible to office. No person 
except a qualified elector shall be elected or ap- 
pointed to any civil or military office in the state. 

Qualification of elector. 

1. In addition to other qualifications, a person to be 
eligible to the office of county superintendent must have re- 
sided in the county at least one year preceding his election. 

2. The length of residence required in Colorado to con- 
stitute eligibility to the office of school director is twelve 
months. 

3. The fact that two members of a school board are of 
one family, and the further fact that another member be- 
came a resident of the district for the sole purpose of 
becoming an officer, so long as he is an actual resident, 
would no-t affect the regularity of the organization of the 
board. 

4. There is nothing in the laws of Colorado to prevent 
a person who fills the efface of district judge from also filling 
that of school director, the two effaces belonging to an en- 
tirely different class. 

5. The fact that an elector is not a taxpayer does not 
disqualify him from holding office, either by election or by 
appointment. 

10. Prisoners disqualified — restoration — pardon 
or full service. No person while confined in any 
> public prison shall be entitled to vote ; but every 
such person who was a qualified elector prior to 
such imprisonment, and who is released therefrom 
by virtue of a pardon, or by virtue of having served 
out his full term of imprisonment, shall, without 
further action, be invested with all the rights of 

11 



§§1-5 CONSTITUTION Art. viii 

citizenship, except as otherwise provided in this con- 
stitution. ■ 

# * * * * * * 

ARTICLE VIII 

STATE INSTITUTIONS 

1. Charitable institutions established. Educa- 
tional, reformatory and penal institutions, and those 
for the benefit of the insane, blind, deaf and mute, 
and such other institutions as the public good may 
require, shall be established and supported by the 

state, in such manner as may be prescribed by law. 
^ ^ # ^ # * ^ 

5. State institutions — properties and moneys — 
location. The follow^ing educational institutions, to- 
wit: The University at Boulder, the Agricultural 
College at Fort Collins, the School of Mines at Gol- 
den, and the Institute for the Education of Mutes 
(which shall hereafter be known as Colorado School 
for Deaf and Blind), at Colorado Springs, are here- 
by declared to be institutions of the state of Colo- 
rado, and the management thereof subject to the 
control of the state, under the provisions of the 
constitution, and such laws and regulations as the 
general assembly may provide, and the location of 
said institutions, as well as all gifts, grants and. ap- 
propriations of money and property, real and per- 
sonal, heretofore made to said several institutions, 
are hereby confirmed to the use and benefit of the 
same respectively; Provided, This section shall not 
apply to any institution, the property, real or per- 
sonal, of which is now vested in the trustees, there- 
of, until such property be transferred by proper 
conveyance, together with the control thereof, to 

12 



Art. viii CONSTITUTION §5 

the officers provided for the management of said in- 
stitution by this constitution or by law; and, Pro- 
vided further, That the regents of the University 
may, whenever in their judgment the needs of the 
institution demand such action, establish, maintain 
and conduct all but the first two years of the de- 
partments of medicine, dentistry and pharmacy, of 
the University, at Denver ; ^ and. Provided further, 
That nothing in this section shall be construed to 
prevent state educational institutions from giving 
temporary lecture courses, commonly called ^^Uni- 
versity extension work," and ^^ Farmers Institute 
and Short Courses," in any part of the state, or 
conducting class excursions for the purpose of in- 
vestigation and study.— Co^zs^. Amend. S. L. '09, p. 324 
Note. See generally state educational institutions. 

Locations state institutions changed when. 
a. The lacation of the agricultural coUege, and certain 
other institutions, having been fixed by the constitution, 
such location cannot be changed except by amendment of the 
constitution. — State Institutions, 9 C. 626 

Classifications of appropriations. 

&. In the absence of a legislative preference, appropria- 
tions for the state educational, reformatory or penal institu- 
tions have, in case of a deficiency of the revenue, no prece- 
dence over other appropriations. — Parks v. Soldiers' Home, 
22 C. 86 

Internal improvement includes what. 

c. The phrase ''internal improvement," as used in sec- 
tion 12 of the enabling act, does not include public buildings, 
such as asylums, state houses, universities, or any other 
public buildings of like character, and the fund created by 
the proceeds derived under such section cannot be applied 
to the construction of such buildings. — In re Pudlic Imp. 
Fund, 24 C. 247 



13 



§§ 1-2-3 CONSTITUTION Art. ix 

ARTICLE IX 

EDUCATION 

1. Board of education — members — president. 

The general supervision of the public schools of the 
state shall be vested in a board of education, whose 
powers and duties shall be prescribed by law; the 
superintendent of public instruction, the secretary 
of state and attorney-general shall constitute the 
board, of which the superintendent of public instruc- 
tion shall be president. 

Note. Superintendent of public instruction an officer of 
executive department. — Art. IV, § 1. 

2. Qualifications of superintendent. — Art. IV, § 4. 

3. Ex officio state librarian.— Art. IV, § 20. 

2. Free schools — one in each district — three 
months. The general assembly shall, as soon as 
practicable, provide for the establishment and main- 
tenance of a thorough and uniform system of free 
public schools throughout the state, wherein all resi- 
dents of the state between the ages of six and 
twenty-one years may be educated gratuitously. 
One or more public schools shall be maintained in 
each school district within the state, at least three 
months in each year; any school district failing to 
have such school shall not be entitled to receive any 
portion of the school fund for that year. 

Establishment of schools mandatory. 
a. Section 2, article 9, of the constitution, providing 
for the establishment and maintenance of a system of free 
public schools, is mandatory, and requires affirmative action 
by the legislature, and is not a limitation of its powers to 
provide free schools for children under the age of six years. 
— In re Kindergarten Schools, 18 C. 234 

3. School fund inviolate — state treasurer custo- 
dian. The public school fund of the state shall f or- 

14 



Art. ix CONSTITUTION §§4-5 

ever remain inviolate and intact ; the interest there- 
on shall only be expended in the maintenance of the 
schools of the state, and shall be distributed amongst 
the several counties and school districts of the state, 
in such manner as may be prescribed by law. No 
part of this fund, principal or interest, shall ever be 
transferred to any other fund, or used or appro- 
priated except as herein provided. The state treas- 
urer shall be the custodian of this fund, and the 
same shall be securely and profitably invested as 
may be by law directed. The state shall supply all 
losses thereof that may in any manner occur. 

4. County treasurer collect and disburse — war- 
rants. Each county treasurer shall collect all school 
funds belonging to his county, and the several 
school districts therein, and disburse the same to the 
proper districts upon Avarrants drawn by the county 
superintendent or by the proper district authorities, 
as may be provided by law. 

5. School fund — of what consists. The public 
school fund of the state shall consist of the pro- 
ceeds of such lands as have heretofore been, or may 
hereafter be, granted to the state by the general 
government for educational purposes; all estates 
that may escheat to the state ; also all other grants, 
gifts or devises that may be made to this state for 
educational purposes. 

When land escheats to the state and becomes part of the 
school fund. 
1. If a person dies intestate and has no heirs, if he has 
lands and owes no debts, or if there is sufficient other prop- 
erty ta pay debts so as to have the land intact, upon proper 
procedure in court to determine the fact that there are no 
heirs, then the land would escheat to the state and become 
part of the school land or fund. In case any funds remain 

15 



§§6-7 CONSTITUTION ' Art. ix 

in the hands of an administrator after debts are paid, and 
there are no heirs, the money goes into the county treasury 
subject to the call of any heirs who may appear. 

6. County superintendent — commissioner of 
lands. There shall be a county superintendent oi' 
schools in each county, whose term of office shall be 
two years, and whose duties, qualifications and com- 
pensation shall be prescribed by law. He shall be 
ex officio commissioner of lands within his county, 
and shall discharge the duties of said office under 
the direction of the state board of land commission- 
ers, as directed by law. 

7. Aid to sectarian schools and churches for- 
bidden. Neither the general assembly, nor any 
county, city, town, township, school district, or 
other public corporation, shall ever make any ap- 
propriation, or pay from any public fund or moneys 
whatever, anything in aid of any church or sectarian 
society, or for any sectarian purpose, or to help sup- 
port or sustain any school, academy, seminary, col- 
lege, university or other literary or scientific insti- 
tution, controlled by any church or sectarian de- 
nomination whatsoever; nor shall any grant or do- 
nation of land, money, or other personal property, 
ever be made by the state, or any such public cor- 
poration, to any church, or for any sectarian pur- 
pose. 

School district cannot make donation. 
a. No school district can make any donation or grant 
to, or in aid of, or become a subscriber or shareholder in any 
corporation or company. — G. G. R. R. Go. v. Lea, et al., 5 C. 
192 

Prohibition of the use of public school money for the 
teaching of sectarian doctrines. 
1. The constitution of Colorado prohibits the use of 
public school money for the teaching of sectarian tenets or 

16 



Art. ix CONSTITUTION § 8 

doctrines. It is therefore unlawful for a board of directors 
to require a teacher to devote any part of any school day to 
religious instruction. » 

8. Religious test forbidden — sectarian tenets — 
race, color. No religious test or qualification shall 
ever be required of any person as a condition of 
admission into any public educational institution of 
the state, either as teacher or student; and no 
teacher or student of any such institution shall ever 
be required to attend or participate in any religious 
service whatever. No sectarian tenets or doctrines 
shall ever be taught in the public schools, nor shall 
any distinction or classification of pupils be made 
on account of race or color. 

Note. See §355. 

Directors determine use of Bihle in schools. 
1. Neither the constitution of the state nor the statutes 
touch directly the reading of the Bible or prayer or any 
other form of religious or devotional exercises, except to 
forbid that observance or participation shall be compulsory. 
The spirit of the constitution permits religious exercises in 
school if nothing sectarian is introduced, and the trustees do 
not object. The laws of the different states bearing on this 
point differ. In Iowa "neither the electors, the board of 
directors nor the sub-directors can exclude the Bible from 
any school in the state." In Missouri, on the other hand, 
*'the directors may compel the reading of the Bible." In 
Dakota *'the Bible may be read in school not to exceed ten 
minutes daily, without sectarian comment." In 1869 the 
Cincinnati board of education forbade the reading of the 
Bible in the public schools of that city. An appeal was 
taken to the courts, and in 1870 the superior court of Cin- 
cinnati decided against the board of education. In 1873 the 
supreme court of Ohio reversed this judgment and sustained 
the board of education. In delivering their opinion the 
judges "held that the management of the public schools, 
being under the exclusive control of directors, trustees and 
boards of education," it rested with them solely to determine 
"what instruction should be given and what books should be 
read therein." 

17 



§§11-12-13 CONSTITUTION Art. ix 

2. The law of Colorado does not specify cancerning the 
reading of the Bible in the public schools, the school boards 
of the state having the*right to specify as to what shall be 
the practice in the matter. 

11. Compulsory education. The general assem- 
bly may require, by law, that every child of suffi- 
cient mental and physical ability, shall attend the 
public school, during the period between the ages 
of six and eighteen years, for a time equivalent to 
three years, unless educated by other means. 

Note. See Kindergarten Act, § 233. 

12. University — regents — election. There shall 
be elected by the qualified electors of the state, at 
the first general election under this constitution, six 
regents of the university, who shall immediately 
after their election be so classified, by lot, that two, 
shall hold their office for the term of two years, two 
for four years, and two for six years ; and every 
two years after the first election there shall be 
elected two regents of the university, whose term 
of office shall be six years. The regents thus elected, 
and their successors, shall constitute a body cor- 
porate, to be knoAvn by the name and style of ^'The 
Regents of the University of Colorado." 

Note. See generally state educational institutions. 

13. Regents elect president — powers. The re- 
gents of the university shall, at their first meeting, 
or as soon thereafter as practicable, elect a president 
of the university, who shall hold his office until 
removed by the board of regents for cause ; he shall 
be ex officio a member of the board, with the priv- 
ilege of speaking, but not of voting, except in cases 
of a tie; he shall preside at the meetings of the 

18 



Arts, ix-x CONSTITUTION §§14-15-16-5 

board, and be the principal executive officer of the 
university, and a member of the faculty thereof. 

14. Regents control university — funds. The 
board of regents shall have the general supervision 
of the university, and the exclusive control and di- 
rection of all funds of, and appropriations to the 
university. 

15. School districts — board of education. The 
general assembly shall, by lav^, provide for organi- 
zation of school districts of convenient size, in each 
of vs^hich shall be established a board of education, 
to consist of three or more directors, to be elected 
by the qualified electors of the district. Said di- 
rectors shall have control of instruction in the pub- 
lic schools of their respective districts. 

16. Text books — general assembly nor board 
shall prescribe. Neither the general assembly nor 
the state board of education shall have pov^er to 
prescribe text books to be used in the public schools. 

ARTICLE X 

REVENUE 

5. Exemption — lots — buildings for worship — 
schools. Lots, v^ith the buildings thereon, if said 
buildings are used solely and exclusively for re- 
ligious v^^orship, for schools, or for strictly chari- 
table purposes, also cemeteries not used or held for 
private or corporate profit, shall be exempt from 
taxation, unless otherwise provided by general law. 

School buildings and lots exempt from taxation. 

a. The building and lots donated for a theological 

school on condition that the bishop of the diocese should be 

the chief inspector and reside in the building in which such 

schaol is conducted, is exempt from taxes under the pro- 

19 



§§10-13 CONSTITUTION Art. x 

visions of our constitution and statutes exempting lots and 
buildings from taxes where the buildings are used solely and 
exclusively for schools. — Bishop and Chapter v. Treasurer, 
29 C. 143 

Income for school purposes exempt taxation. 
h. Exemption from taxation is not limited to property 
in actual and necessary use for school purposes, such as 
school buildings, campus and the like, but includes all the 
property and income from which and the use of which is 
exclusively devoted to school purposes and which is neces-' 
sary in carrying out such design. — Colorado Seminary v. 
County Comrs., 30 C. 507 

Church property not taxable, tohen. 
1. In case a district rents a classroom from one of the 
churches of a town for school purposes, such renting would 
not make the church property taxable. 



10. Corporations subject to tax. All corpora- 
tions in the state, or doing business therein, shall be 
subject to taxation for state, county, school, mu- 
nicipal and other purposes, on the real and personal 
property owned or used by them Avithin the terri- 
torial limits of the authority levying the tax. 

# # # # # # # 

13. Making profits on public money felony. 

The making of profit, directly or indirectly, out of 
state, county, city, town or school district money, 
or using the same for any purpose not authorized 
by law, by any public officer, shall be deemed a 
felony, and shall be punished as provided by law. 

School hoard cannot loan district money. 
1. A schoal board cannot legally loan the money of the 
district. 

• * # ^ « # # 



20 



Art. xi CONSTITUTION §§1-2 

ARTICLE XI 

PUBLIC INDEBTEDNESS 

1. Lending or pledging credit forbidden. 
Neither the state, nor any county, city, town, town- 
ship or school district, shall lend or pledge the credit 
or faith thereof, directly or indirectly, in any man- 
ner to or in aid of, any person, company or corpora- 
tion, public or private, for any amount or for any 
purpose whatever, or become responsible for any 
debt, contract or liability of any person, company 
or corporation, public or private, in or out of the 
state. 

2. Aid to corporations — interest in — forbidden 
except. Neither the state nor any county, city, 
town, township or school district shall make any 
donation or grant to, or in aid of, or become a sub- 
scriber to, or shareholder in, any corporation or 
company, or a joint owner with any person, com- 
pany or corporation, public or private, in or out of 
the state, except as to such ownership as may ac- 
crue to the , state by escheat or by forfeiture, by 
operation or provision of law ; and except as to such 
ownership as may accrue to the state, or to any 
county, city, town, township or school district, or 
to either or any of them, jointly with any person, 
company or corporation, by forfeiture or sale of real 
estate for non-payment of taxes, or by donation or 
devise for public use, or by purchase by or on behalf 
of any or either of them, jointly with any or either 
of them, under execution, in cases of fines, penalties 
or forfeiture of recognizance, breach of condition of 
official bond, or of bond to secure public moneys, or 

21 



§§ 7-4-8 CONSTITUTION Arts, xi-xii 

the performance of any contract in which they or 
any of them may be jointly or severally interested. 

7. Loans for school buildings — vote — qualifica- 
tion. No debt by loan in any form shall be con- 
tracted by any school district for the purpose of 
erecting and furnishing school buildings, or purchas- 
ing grounds, unless the proposition to create such 
debt shall first be submitted to such qualified elec- 
tors of the district as shall have paid a school tax 
therein, in the year next preceding such election, 
and a majority of those voting thereon shall vote 
in favor of incurring such debt. 

DeM incurred must he hy a vote of electors. 
1. The constitution of Colorado prohibits the creation 
of a debt by loan for building purposes in any other way 
than by a vote of the electors. While a certificate of indebt- 
edness cannot be considered a loan, strictly speaking, the 
courts would probably construe it to be prohibited by the 
same constitutional provision when issued to cover a debt 
incurred by building. 



AKTICLE XII 

OFFICERS 

^ ^ ^ ^ 4^ 42. 4ie. 

w w w w w w "S^ 

4. Embezzlement disqualifies from office. No 
person hereafter convicted of embezzlement of pub- 
lic moneys, bribery, perjury, solicitation of bribery, 
or subornation of perjury, shall be eligible to the 
general assembly, or capable of holding any office 
of trust or profit in this state. 

^ ^ 4£. 42. 4^ 4^ Mf 

^r Vr •TV" VC* W W ^ 

8. Civil officers — oath. Every civil officer, ex- 
cept members of the general assembly and such in- 

22 



Arts, xii-xiv CONSTITUTION §§9-10-11-12-8 

ferior officers as may be by law exempted, shall, be- 
fore he enters upon the duties of his office, take and 
subscribe an oath or affirmation to support the con- 
stitution of the United States and of the state of 
Colorado, and to faithfully perform the duties of 
the office upon which he is about to enter. 

9. Oaths, where filed — with whom. Officers of 
the executive department and judges of the supreme 
and district courts, and district attorneys, shall file 
their oaths of office with the secretary of state ; 
every other officer shall file his oath of office with 
the county clerk of the county wherein he shall have 
been elected. 

10. Refusal to qualify — vacancy. If any per- 
son elected or appointed to any office shall refuse 
or neglect to qualify therein within the time pre- 
scribed by law, such office shall be deemed vacant. 

11. Vacancy — term of officer elected to fill. The 
term of office of any officer elected to fill a vacancy 
shall terminate at the expiration of the term during 
which the vacancy occurred. 

12. Duel — challenge — disqualifies for office. No 
person who shall hereafter fight a duel, or assist in 
the same as a second, or send, accept or knowingly 
carry a challenge therefor, or agree to go out of the 
state to fight a duel, shall hold any office in the 
state. 

ARTICLE XIV 

COUNTIES 

^ ^ , ^ # ^ # # 

8. County superintendent, etc. — election. There 
shall be elected in each county at the same time at 
which members of the general assembly are elected, 

23 



§§9-10 COXSTITUTION Art. xiv 

commencing in the year nineteen hundred and four, 
one county clerk, who shall be ex officio recorder of 
deeds and clerk of the board of county commission- 
ers; one sheriff; one coroner; one treasurer, who 
shall be collector of taxes ; one county superintend- 
ent of schools ; one county surveyor ; one county as- 
sessor; and one county attorney, who may be 
elected, or appointed, as shall be provided by law; 
and such officers shall be paid such salary or com- 
pensation, either from the fees, perquisites and 
emoluments of their respective offices, or from the 
general county fund, as may be provided by law. 
The term of office of all such officials that expire in 
January, 1904, is hereby extended to the second 
Tuesday in January, A. D. 1905. 

9. Vacancies — how filled. In case of a vacancy 
occurring in the office of county commissioner, the 
governor shall fill the same by appointment ; and in 
the case of a vacancy in any other county office, or 
in any precinct office, the board of county commis- 
sioners shall fill the same by appointment ; and the 
person appointed shall hold the office until the next 
general election, or until the vacancy be filled by 
election according to law. 

10. Elector only eligible. No person shall be 
eligible to any county office unless he be a qualified 
elector; nor unless he shall have resided in the 
county one year preceding his election. 

Not a taxpayer does not disqualify. 

1. The fact that an elector is not a taxpayer does not 
disqualify him from holding office, either by election or by 
appointment. 

24 



Art. xiv CONSTITUTION §15 

Qualification — ceases to he director, when. 
2. The law requires that a person who desires to be a 
candidate for a school director must reside in the district, 
and it necessarily follows that, in order to remain such 
director after election, he must continue to reside therein, 
and when he permanently removes from the district, he 
ceases at that instant to be a director. 

15. Classifying" counties as to fees. For the pur- 
pose of providing for and regulating the compen- 
sation of county and precinct officers the general 
assembly shall by law classify the several counties 
of the state according to population, and shall grade 
and fix the compensation of the officers within the 
respective classes according to the population there- 
of. Such law shall establish scales of fees to be 
charged and collected by such of the county and 
precinct officers as may be designated therein for 
services to be performed by them respectively; and 
where salaries are provided, the same shall be pay- 
able only out of the fees actually collected in all 
cases where fees are prescribed. All fees, per- 
quisites and emoluments above the amount of such 
salaries shall be paid into the county treasury. 



25 



School Laws Annotated 



ALCOHOLIC DRINKS AND NARCOTICS 



1. Nature and effect of alcoholic drinks and 
narcotics be taug^ht. That the nature of alcoholic 
drinks and narcotics, and special instructions as to 
their effects upon the human system, in connection 
with the several divisions of the subject of physi- 
ology and hygiene, shall be included in the branches 
of study taught in the public schools of the state, 
and shall be studied and taught as thoroughly, and 
in the same manner as other like required braaches 
are in said schools, by the use of text books, desig- 
nated by the board of directors of the respective 
school districts, in the hands of pupils where other 
branches are thus studied, in said schools, and by 
all pupils in all said schools throughout the state. 
—R. 8. 6011 

Note. The state board of health shall, from time to time, 
recommend standard works on the subject of hygiene for the use 
of the schools of the state. — R. S. 5010. 

Saloon certain distance from school. 
a. The state legislature has authority to regulate the 
traffic of intoxicating liquors, and such authority under con- 
stitutioTial restrictions can be delegated to cities and towns; 
and an ordinance prescribing the distance a saloon may be 
maintained from the school building is vaUd. — Keil Kopf v. 
Denver, 19 C. 325 

Requires study of hygiene and physiology in schools. 
1. The act providing for the study of the nature of 
alcohoHc drinks and narcotics, and their effect upon the 

27 



§§2-3-4 ALCOHOLIC DRINKS AND NARCOTICS 

human system, requires the study of physiology and hygiene 
in all the public schools throughout the state. 

Prohibiting sale intoxicating liquors to minors. 

2. Sections 1811 to 1815, Revised Statutes, prohibits the 
sale of intoxicating liquors to minors, and prohibits any 
keeper of a saloon, gambling house, billiard hall, house of ill- 
fame, or obscene plays from allowing any minor therein, 
except when accompanied by his parent or guardian. 

Distance saloon from school 'building. 

3. The laws of Colorado make no provision concerning 
the distance' a saloon maybe maintained from a school build- 
ing. 

2. Officers enforce provisions of act — penalty 
for failure. That it shall be the duty of the proper 
officers in control of any school, described in the 
foregoing section to enforce the provisions of this 
act ; and any such officer, school director, committee, 
superintendent or teacher, who shall refuse, fail or 
neglect to comply with the requirements of this 
act, or shall neglect, refuse or fail to make proper 
provisions for the instruction required, and in the 
manner specified by the first section of this act, for 
all pupils in each and every school under his or her 
jurisdiction shall be removed from office, and the 
vacancy filled as in other cases. — R. S. 6012 

Note. Vacancies, §111. 

CIGARETTES 

3. Unlawful to give or sell cigarettes to persons 
under sixteen. It shall be unlawful for any person 
or persons to give or sell cigarettes to any person 
or persons under the age of sixteen years.— 2?. S. 600 

TOBACCO 

4. Penalty for giving or selling tobacco to per- 
sons under sixteen without written order. Any per- 
son who shall sell, give or furnish any tobacco, or 

28 



ALCOHOLIC DRINKS AND NARCOTICS § 4 

articles made in whole or in part of tobacco to any 
child under 16 years of age without the written 
order of the father or guardian of such child, shall 
be fined not less than five dollars, nor more than 
one hundred, dollars, or imprisonment in the county 
jail not more than three months.— i2. s. 601 



2U 



APPEALS 

5. From district board to county superintend- 
ent. Any person aggrieved by any decision or order 
of the district board of directors, in matter of law 
or fact, may, within thirty days after the rendition 
of snch decision, or making of such order, appeal 
therefrom to the county superintendent of the 
proper county.— i?. .S. 6000. 

Courts no right to interfere in decisions of state board. 

a. Section 5 of the School Laws Annotated au- 
thorizes the county superintendents to entertain an appeal 
from the action of the school board in closing school, and 
clothes such officer with jurisdiction to hear and determine 
the matter, subject to appeal, as provided for by section 11, 
to the state board of education, the latter decision being 
final; and such proceeding being provided by statute, the 
courts have no right to interfere. — School District v. County 
Superintendent, 36 C. 393 

Courts can inquire into final decision. 

6. The statutory provisions conferring power upon dis- 
trict school boards, county superintendents and the state 
board of education to decide questions of law and fact, and 
making the decision of the county superintendent final un- 
less appealed from, and if appeal to the state board making 
its action final, does not make such decision final in the 
sense that the courts cannot inquire into their correctness. — 
People V. VanHorn, 20 C. A. 215 

6. Affidavit. The basis of the proceeding shall 
be an affidavit filed by the party aggrieved, with 
the county superintendent, within the time for tak- 
ing the appeal.— /e. s. 6001 

7. Contents of affidavit. The affidavit shall set 
forth the errors complained of in a plain and con- 
cise manner.— j^. ^. 6002 

8. Superintendent notify secretary — transcript. 
The county superintendent shall, within five days 

30 



APPEALS §§9-10-11 

after the filing of such affidavit in his office, notify 
the secretary of the proper district, in writing, of 
the taking of such appeal, and the latter shall, with- 
in ten days after being thus notified, file in the office 
of the county superintendent a complete transcript 
of the record and proceedings relating to the de- 
cision complained of, which shall be certified to be 
correct by the secretary.—/?. 8. 6003 

9. Notice to parties. After the filing of the 
transcript, aforesaid, in his office, he shall notify, in 
writing, all'^persons adversely interested, of the time 
and place where the matter of the appeal will be 
heard by him.— i?. s. 6004 

10. Hearing appeal — oaths. At the time thus 
fixed for hearing, he shall hear testimony for either 
party, and for that purpose may administer oaths, 
if necessary, and he shall make such decision as 
may be just and equitable, which shall be final, un- 
less appealed from, as hereinafter provided. — R. S. 6005 

11. Appeal from county superintendent to state 
board of education. Any person or district board 
aggrieved by any decision or order of the county 
superintendent in a matter of law or fact, may, 
within thirty days after the rendition of such de- 
cision or making of such order, appeal therefrom to 
the state board of education, in the same manner 
as provided in this act for taking appeal from the 
district board to the county superintendent as 
nearly as applicable. In case of an appeal, where 
a trial has been had before the county superintend- 
ent and a decision rendered, the state board of edu- 
cation shall examine a transcript of such proceed- 
ing and render a decision therefrom, but no new 

31 



§ 11 APPEALS 

testimony shall be admitted. In other cases of ap- 
peal the said board may require of the parties such 
papers and documents as may be thought necessary, 
they may issue subpoenas and compel witnesses to 
attend and testify, and the said board shall have 
the power to administer oaths through its president. 
The decision of said board, or a majority of said 
board, shall be rendered by the president, and such 
decision, when made, shall be final. When an ap- 
plicant for a certificate at a regular examination 
shall feel aggrieved at the decision of the county 
superintendent*, and shall appeal to the state board 
of education the questions used and answers given 
shall be examined by the said board, and if the de- 
cision of the county superintendent be reversed, the 
state board of education shall issue to the appellant 
a certificate of such grade as the answers shall war- 
rant; Provided, That a good moral character and 
success as a teacher be shown. — R. s. 6006 

Teacher discharged need not appeal. 
a. A public school teacher engaged for a specific term, 
who is discharged without cause, need not rely upon the 
statutory right of appeal from the decision of the board, but 
may bring action to recover in the co-urts; and the rule in 
the teacher's hand-book that the tenure of office of all teach- 
ers, regardless of contract, shall be at the pleasure of the 
board, is no defense to such action. — School District v. Hale, 
15 C. 367 

Mandamus not control discretion. 
&. Mandamus will not lie to control the discretion of a 
public school official. — Keefe M, & I, Co, v. School District, 
33 C. 513 

Courts can inquire into final decisions, 
c. The statutory provisioTis conferring power upon dis- 
trict school boards, county superintendents and the state 
board of education to decide questions of law and fact, and 
making the decision of the county superintendent final un- 
less appealed from, and if appealed to the state board mak- 

32 



APPEALS § 11 

ing its action final, does not make such decision final in the 
sense that the courts cannot inquire into their correctness. 
—People V. VanHorn, 20 C. A. 215 

State board cannot change boundaries. 

d. The state board of education has no power, upon 
appeal from the county superintendent, to change the bound- 
aries of a school district as established by the electors. — 
People V. VanHorn, 20 C. A. 215 

Electors fix boundaries new district. 

e. After a petition to organize a new school district out 
of a portion of one or more old districts has been presented 
to the county superintendent, and he is determined that the 
school interests will be best promoted by such organization, 
the sole powder to determine the organization of such district 
and the boundaries thereof is vested in the electors; and 
such a district cannot be organized or its proposed or estab- 
lished boundaries changed by the board of directors, the 
county superintendent, or the state board of education.— 
People V. VanHorn, 20 C. A. 215 

Court can review validity of decision of state board. 

f. In a mandamus proceeding to compel a county super- 
intendent to perform a ministerial duty, a decision of the 
state board of education being pleaded in defense, and the 
jurisdiction of the state board to render the decision and the 
correctness thereof are raised by the reply, the court has 
jurisdiction to determine the validity of such decision. — 
People V. Van Horn, 20 C. A. 215 

Appeal — wJien, how and dy whom taken. 

1. An appeal to the state board of education cannot be 
taken except by a person or board of directors aggrieved by 
an order or decision of the county superintendent. 

2. It is not good practice for one county superintendent 
to overrule the decision of a former county superintendent 
upon the same point, but the person feeling aggrieved sho-uld 
file a protest in writing with the present county superin- 
tendent, who should confirm the former ruling, and the 
aggrieved person can then appeal to the state board of 
education, in accordance with section 11, School Laws 
Annotated. 

Appeal from grading examination papers. 

3. Neither the state superintendent of public instruc- 
tion nor the state board of education have the power to 
compel a county superintendent to recognize examination 
papers prepared under the supervision of the county super- 

33 



§ 12 APPEALS 

intendent of another county, as this is mere matter at 
comity between county superintendents, and therefore, when- 
ever a teacher appeals from the refusal of a county superin- 
tendent to accept such papers and mark them and issue a 
certificate thereon, the board of education has no other 
course than to dismiss the appeal. 

4. In case of appeal from the decision of county super- 
intendent to the state board of education by an applicant for 
certificate at a regular examination, the certificate, if any, 
issued to said applicant upon such examination, should 
accompany the papers sent to the state board. 

5. The state board of education has no authority to 
pass upon a teacher's examination papers except on formal 
appeal. 

May continue school during pendency of appeal. 

6. A person holds a certificate that expires September 8. 
He begins school under contract on September 1. He fails 
to obtain a certificate in the examination held on August 
29-30, and appeals to the state board of education. Held, 
that he may continue his school during the pendency of an 
appeal. 

State hoard may order certificate issued. 

7. The state superintendent has no authority to grant 
a certificate to teach except when directed to do so by a vote 
of the state board of education in cases of appeal or upon a 
state examination. 

Appeal from change of boundary. 

8. In the absence of a showing to the contrary, it will 
be presumed that the county superintendent complied with 
the law in hearing and determining the appeal, and there- 
fore that the change of boundary was properly made; but 
even in the absence of such showing, as these two districts 
have continued to exercise undisputed the prerogatives and 
enjoy the privileges of legally formed districts for a period 
of nearly twelve years, they will now be considered legally 
formed districts. 

9. The action of the county superintendent in dividing 
a district or forming a new district can be reviewed only on 
the ground of his abuse of discretion. 

12. No judgment for money. Nothing in this 
act shall be so construed as to authorize either the 
county superintendent or the state board to render 

84 



APPEALS § 12 



a judgment for money; neither shall they be al- 
lowed any other compensation than is allowed by 
law. All necessary postage must first be paid by 
the party aggrieved.— i^. s. 6007 



35 



BONDS 

SCHOOL DISTRICT BONDS 

13. Submitting question of contracting* bonded 
indebtedness. The board of directors of any school 
district may submit at any regular or special elec- 
tion called for the prfrpose, to such qualified electors 
of the district as shall have paid a school tax there- 
in in the year next preceding such election the 
question of contracting a bonded indebtedness for 
the purpose of erecting and furnishing school build- 
ings or purchasing ground, or for funding floating 
debts.— >8f. L. '09\ p. 494 

Lien law not applicable to school buildings. 

a. The provisions of the mechanics' lien law cannot be 
applied to public school buildings. — Florman v. School Dist., 
6 C. A. 319 

No provision for petition. 

1. No provision is made by law for petitioning the 
school board to call an election for voting bonds. 

Qualifications for voting on "bonds. 

2. If a person has paid any one year's school tax during 
the year immediately preceding the election regarding the 
question of refunding bonds, and is otherwise qualified, he is 
entitled to vote at such election. 

3. If real estate is in the names of both man and wife, 
even though the tax receipt shows but one name, both are 
legal voters. 

4. If a man has given his wife part of his real estate, 
but no deed has yet been given to the wife, even though she 
has paid taxes upon the same, she has not the right to vote. 

5. A person who has been assessed for taxes, but has as 
yet paid no taxes in the district, would not be entitled to 
vote. 

6. If property is in the wife's name, but the tax receipt 
is in the husband's name, the wife would have the right to 
vote, and not the husband. 

36 



BONDS § 13 

7. On the question of banding a district, those electors 
have the right to vote "who have paid a school tax therein 
in the year next preceding the said meeting." The word 
"year" is construed to mean the twelve months immediately 
preceding the meeting or election. 

8. In the case of a woman and her husband, each own- 
ing property, the woman's property being real estate, and 
the county records showing that she is the hona fide owner 
of the property and pays the taxes, the fact that in listing 
the property of the husband and wife the assessor made only 
one list, and that in the husband's name, would not take 
away the right of the woman to vote at a school meeting 
called to vote upon bonded indebtedness; but the woman 
should be provided with a tax receipt or a certified statement 
from the county treasurer, showing that she has paid a tax 
for the year preceding the date upon which the question of 
the bonded indebtedness was decided. 

9. Voters who have paid a school tax within the year 
upon property which at the time of the tax was paid in 
another school district, but at the time they offered to vote 
on the question of issuing bonds was by annexation in the 
district where they offered to vote, are legally qualified to so 
vote. 

Certificate of indeMedness, 

10. The constitution of Colorado prohibits the creation 
of a debt by loan for building purposes in any other way 
than by a vote of the electors. While a certificate of indebt- 
edness cannot be considered a loan, strictly speaking, the 
courts would probably construe it to be prohibited by the 
same constitutional provision when issued to cover a debt 
incurred by building. 

11. There is no authority in law for issuing certificates 
of indebtedness by school districts. However, it is fre- 
quently done to tide over a difficult year. 

Funding floating deMs. 

12. A special election may be held for the purpose of 
submitting the question of bonding the district for funding 
floating debts within the limit specified in section 13. 

In consolidated districts. 

13. There is no statute which makes several districts, 
consolidated under the act of 1909, liable for the bonded 
indebtedness of one of the districts. It seems that the prop- 
erty originally bonded will have to pay the indebtedness due. 

37 



§14 BONDS 

In joint districts. 
14. Bonded indebtedness may be contracted by a joint 
district in just the same manner as by a single district; pro- 
vided that the law is complied with in each county so as to 
have the taxes assessed upon all property in the district. 

14. Amount of bonded indebtedness first deter- 
mined by board. The amoant of the bonded indebt- 
edness proposed to be contracted shall, prior to such 
submission to said electors, be determined by said 
board of directors but in no event shall the aggre- 
gate amount of bonded indebtedness of any school 
district of the first or second class exceed five per 
centum or of any school district of the third class 
three and one-half per centum of the assessed value 
of the property in such district for the year next 
preceding the date of said bonds. — /Sf. L. '09, p. 494 

Maximum amount issued. 

1. In estimating a maximum amount of bonds that can 
be issued by a school district, the estimate must be based 
upon the last complete assessed valuation. 

Cannot create debt, except. 

2. A school district has no right to create a debt, except 
through bonding in accordance with the provisions of section 
13, provided that warrants may be issued after the annual 
levy has been made and the funds to pay them are actually 
in the treasury; but the total sum of such warrants must not 
exceed the revenue of the district for the year in which they 
are issued. 

3. In regard to the method of raising money to build a 
school building, the law prohibits the issuing of warrants in 
excess of the revenues of the district for the current year; 
therefore an arrangement for issuing warrants payable in 
one, two and three years, the qualified voters to vote a levy 
to be collected in one, two and three years to pay the war- 
rants, would not be legal. The voters have no authority to 
vote a levy except for the current year. It would, therefore, 
only be possible to raise the money by voting bonds for the 
amount if the electors do not wish to levy the whole tax in 
one year. 



BONDS §§15-16-17 

Certificates of indebtedness. 
4. Na warrants can be issued in excess of the revenue, 
but a certificate of indebtedness should be issued, payable 
out of the revenues of the succeeding year; and it would be 
the duty of the board during the succeeding year to draw a 
warrant for its payment. 

15. Notices of election posted. Notices of said 
election shall be posted in at least three public 
places in the district, and at each polling place at 
least twenty days before said election, and, if a 
newspaper is published in said district, said notice 
shall also be published therein once a week for four 
consecutive weeks next preceding such election. 
Said notice shall specify the purpose of said elec- 
tion, the date and the voting place or places, and 
the time during which the ballot box or boxes shall 
be kept open, not less however than three hours. 

— /Sf. L. '09, p. 494 

Ballot hox, when open. 
1. It is lawful for the ballot box, for voting on the ques- 
tion of bonding the district, to be open at the same time as 
the one for the election of school officers. 

16. Number of voting places. In districts of 
the first class the school board may order more than 
one voting place in the district, fix the voting places 
and the limits of the voting precincts. 

The president, secretary and treasurer of the dis- 
trict school board may act as judges of the election 
or said board may appoint three judges and the 
necessary clerks for each election precinct in said 
district and should any of the judges be absent at 
the opening of the polls, the electors present shall 
appoint a legal voter to fill the vacancy.—^. L. '09, p. 495 

17. Form of ballot. Each elector voting at said 
election shall deposit in the ballot box a ballot 

39 



§§18-19 ■ BONDS 

whereon shall be printed or written the words: 
'^For the bonds" and the words ^^ Against the 
bonds," and shall indicate his approval or disap- 
proval of the proposition submitted by placing a 
cross (X) opposite the group of words on his ballot 
which expresses his choice.— ;Sf. L. '09, p. 495 

18. Any person may be challenged by qualified 
elector. Any person offering to vote at said election 
may be challenged by any legally qualified elector 
of the district and any one of the judges of elec- 
tion shall thereupon administer to the person chal- 
lenged an oath as follows: 

^^You do swear (or affirm) that you are a citi- 
zen of the United States ; that you have resided in 
the state of Colorado twelve months immediately 
preceding this election; that you are twenty-one 
years of age; that you have resided in this district 
thirty days next preceding this election and that 
you have paid a school tax. within this school dis- 
trict in the year next preceding this election; and 
that you have not voted at this election, so help you 
God (or under the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirma- 
tion his vote shall be rejected. The judges may, 
however, reject the vote of any person offering to 
vote if in their judgment said voter is not qualified 
according to law, whether said voter takes said 
oath or not.— ;Sf. L. '(?P, p. 495 

19. Returns certified immediately after polls 
close. Immediately after the close of the polls the 
judges in each voting precinct shall open the ballot 
box and count the ballots and promptly thereafter 
certify tbe result to the board of directors of the 

40 



BONDS §§20-21 

district. Said board shall, promptly after receiving 
said returns, open them, canvass the vote, and de- 
termine the result of the election, and said determi- 
nation shall be entered in the minutes of the meet- 
ing of said board.— ^. L. '09, p. 496 

20. Coupon bonds issued — when payable. If it 
shall appear that a majority of all the votes cast 
are '^For the bonds" the board of directors, as soon 
as practicable, shall issue coupon bonds of the dis- 
trict in denominations of $100, $500 or $1,000, or all 
or either of such denominations or any combination 
of said denominations as circumstances may re- 
quire, bearing interest at not exceeding eight per 
cent, per annum in districts of the third class and 
not exceeding six per cent, per annum in districts 
of the first and second classes, payable semi-an- 
nually, and redeemable at the pleasure of the dis- 
trict at any time after a date to be fixed by said 
board not less than ten or more than twenty years 
after date, and payable at a date to be fixed by said 
board not less than twenty nor more than fortv 
years from date, the principal and interest payable 
at the office of the treasurer of the county in which 
said district or the greater part thereof may be 
situated, and said board also may make either the 
principal or interest or both payable at some bank- 
ing house in either the cities of New York or Boston 
or Chicago, at the option of the holder.— /Sf. L. '09, p. 496 

21, Bonds payable to bearer — how signed. The 
bonds issued under the provisions of this act shall 
be payable to bearer. The board of directors of the 
district is authorized to prestiribe the form of such 
bonds and the coupons thereto. Said bonds shall 

41 



§ 22 BONDS 

recite the title of the act under which they are is- 
sued, shall be signed by the president of the board 
of directors, countersigned by the county treasurer 
and bear the seal of the district and the coupons 
thereto annexed shall be signed by the president of 
the school board, by original or engraved signature. 
— ^. L. W9, p. 496 

22. County commissioners assess tax for pay- 
ment — how paid. Whenever any school district 
shall issue bonds under the provisions of this act, 
it shall be the duty of the board of county commis- 
sioners of the county in which said district may be 
situated to levy and assess a tax on the taxable 
property of said district in amount sufficient to pay 
the interest coupons, when the same shall become 
due, according to their tenor and effect, and the 
county treasurer shall collect the same as other 
taxes are collected, in cash only, keeping the same 
separate from other funds received by him; and if 
there shall be any surplus after paying the coupons 
and the expense of collecting such tax, the treasurer 
shall, without delay, pass the same to the credit of 
such school district, and such fund so passed to the 
credit of the district shall be subject to the disposal 
of the board of directors. In the calendar year next 
preceding the date fixed by said board after Avhich 
said bonds are redeemable and annually thereafter, 
until the full payment of said bonds, the said board 
of county commissioners shall provide by taxation 
and shall collect such a per centum of the principal 
of said bonds as will, in equal annual installments, 
be sufficient to redeem all of said bonds by the time 
they mature; which amount shall be assessed and 
collected the same as the tax for the payment of 

42 



BONDS §22 

the interest coupons, and when collected shall be 
turned over to the treasurer of such school district, 
such money to be used only in the payment of such 
bonds in their numerical order beginning with bond 
number one, in the manner as follows: The treas- 
urer of such school district, immediately after re- 
ceiving the money as aforesaid, shall advertise in 
some newspaper published in his county, if there 
be any, and if not, in the newspaper published near- 
est the county seat of said county, once a week for 
four consecutive weeks, that, on a certain day 
named in the advertisement, he will pay certain of 
the district bonds, said bonds to be described in the 
advertisement by number and amount and date of 
issue and the advertisement shall further state that 
after the day so fixed for payment the interest on 
the bonds described as aforesaid shall cease and de- 
termine. And after the day of payment fixed in 
said published notice the bonds so called shall cease 
to draw interest. The said payment shall be made at 
the office and in the presence of the treasurer of the 
county, who shall cancel the bonds redeemed, and a 
minute of such cancellation shall be made on the 
books of the county treasurer, after which they shall 
be at the disposal of the district board. — 8. L. '09, p. 496 

Government land not taxable. 
a. A tax levy for the bonded indebtedness of a school 
district must be limited to the real estate taxable at the time 
the bonds were voted, and, since government land is not 
taxable, parties acquiring title thereto subsequent to the 
voting of the bonds take it free from taxation for such pur- 
pose. — Callaway v. D. & R. G. R, R. Co., 6 C. A. 284 

Surplus special fund pay past indeMedness. 

1. If any surplus funds remain in the special fund over 
what is necessary to meet the regular current expenses of 

43 



§§23-24-25 BONDS 

the district, such surplus may be used to pay past indebted- 
ness. 

23. Board keep record — auditor register bonds. 
Whenever the board of directors of any school dis- 
trict shall issue bonds under the provisions of this 
act, they shall enter in and upon the records of 
such board an order requesting the state auditor to 
register the bonds in a book to be kept by him for 
that purpose, and when so registered, the legality 
thereof shall not be open to contest by such district 
or any person or corporation on behalf of such dis- 
trict for any reason whatever; and a certified copy 
of the order of the board so made and entered of 
record shall be furnished the state auditor by said 
board of directors and thereupon it shall be his duty 
to register said bonds, noting the name of the dis- 
trict and the amount, date of issuance and maturity 
and rate of interest of said bonds, and he shall re- 
ceive a fee of ten cents for registering each bond. 
— ;Sf. L. '09, p. 497 

24. Districts in city under special charter. Id 

all school districts which lie entirely within the 
exterior boundaries of any city operating under a 
special charter adopted under the provisions of ar- 
ticle XX, of the constitution, no person shall be per- 
mitted to vote at any election called under the pro- 
visions of this act unless such person shall first have 
been registered as hereinafter provided.—^. L. '09, p. 498 

25. No new registration required. For all such 
elections in the districts mentioned in section 13 no 
new registration shall be required, except as here- 
inafter provided, but any qualified elector of any 
such district whose name is on the registration books 
used at the then last preceding geiieral election, 

44 



BONDS §§26-27 

whether county or municipal, and who resides with- 
in the district and still resides at the place desig- 
nated in his said registration, shall be deemed prop- 
erly registered for any such election; and addi- 
tional registration and changes in registration may 
be made as hereinafter provided.— ^.L. '09, p. 498 

Note. Section 13 referred to is section 24 herein. 

26. Registration books furnished by county 
clerk. On the fourteenth day preceding any such 
election to be held, the county clerk of the proper 
county shall deliver to the registration committee 
of each election precinct the original book of regis- 
tration for that precinct as prepared and completed 
for the then next preceding general election, 
whether county or municipal, and on the tenth day 
preceding the election thus to be held, or if that day 
be a legal holiday or a Sunday, then on the suc- 
ceeding day, the registration committee for each 
precinct shall sit from nine o'clock a. m. until nine 
o'clock p. m., at some suitable place to be provided 
by the county commissioners and centrally located 
within the precinct as far as practicable, and shall 
place on the said book of registration, next after 
the names already thereon, the names of all qual- 
ified electors of the district residing in that precinct 
who are not registered and who shall present them- 
selves for registration and comply with the require- 
ments prescribed by the general registration laws 
of this state.— fi'. L. '09, p. 498 

27. Elector removing from precinct — how reg- 
ister. Any qualified elector whose name appears 
upon any such book of registration, but who has re- 
moved from the precinct in which he is registered 
to some other precinct within such district, may ap- 

45 



§28 BONDS 

pear before the county clerk at any time Avithin 
five days prior to any such election, and upon 
making oath in writing as to his then present resi- 
dence, said county clerk shall draw a red line 
through the registration of such person, making a 
note as follows: 

^^Changed 19 , 

to precinct , ward , " 

inserting the date and number of the precinct and 
ward therein, and shall register in red ink such per- 
son in the book of registration for the precinct in 
which such person then resides; and a change of 
residence within the same precinct may be made in 
like manner. The county clerk or deputy making 
such a change shall sign his name in the column 
provided for the signatures of the registration com- 
mittee, and the person so registered shall also sign 
his name as in the case of an original registration. 
—S. L. '09, p. 499 

28. Registration books kept where. Imme- 
diately after completing such registration said reg- 
istration committee shall deliver the original book 
of registration to the county clerk, who shall retain 
the same until the day prior to the election, when he 
shall deliver the same to the judges of election se- 
lected by said board of directors for their use at 
such election, properly certified, but the county clerk 
shall not, for any such election, make and furnish 
any copy of such registration list at public expense, 
nor shall he make any charge for delivering said 
original books of registration as required herein ; 
but his compensation for all other matters hereby 
required shall be as fixed by the registration laws 
of this state. — ;Sf. L. '(^f), p. 499 

46 



BONDS §§29-30 

29. Petition for purging lists. At any time prior 
to the delivery of the original book of registration 
to the registration committee of the precinct, as 
herein provided, a petition for purging the list may 
be filed as to the registration list appearing therein, 
and at any time prior to the seventh day before 
election a petition may be filed for purging the list 
of additional registrations made as herein provided, 
which petition and the procedure and relief there- 
under shall be the same, as near as may be, as pro- 
vided in the registration laws of this state. Aad 
the registration and election law^s of this state ^hall 
govern in all matters connected with the making 
of said registration except as herein otherwise pro- 
vided.— >Sf. L. '^9, p. 500 

30. Repealing clause — proceedings under re- 
pealed acts. Sections 5942, 5943, 5944 and 5945 of 
the Revised Statutes of Colorado, 1908, and all other 
acts and parts of acts inconsistent herewith are 
hereby repealed; Provided, That the repeal of said 
acts and parts of acts shall in no wise affect any 
bonds issued thereunder. 

Any and all proceedings heretofore had or which 
are now being had or carried forward, under the acts 
hereby repealed or any, all or either of them, may 
be carried forward, completed or consummated un- 
der this act and bonds contemplated by such pro- 
cedure may be issued in the form and with the 
terms and according to the provisions of this act. 
—8. L. '11, p. 582 

Surplus fund may he applied on bonded indebtedness. 
1. The extra money in the special fund may be used to 
apply on bonded indebtedness. Provided, That the other 
necessary expenses of the school have been met, or Provided, 

47 



§§31-32 BONDS 

That there is sufficient money in the general fund to meet 
the necessary expenses of the school. 

31. Redemption of bonds — premium. In all dis- 
tricts that have issued bonds under the provisions 
of the laws of the territory of Colorado, the treas- 
urer of the district, immediately after receiving the 
annual installment of the funds for the redemption 
of said bonds, as provided in section 91, shall go 
into the market and, at the lowest price for which 
he can obtain such bonds, shall use such funds in 
the retiring of such bonds to the extent of sucli 
fund; Provided, That the said treasurer shall not 
pay more than five per cent, premium on any bonds 
of his district, and any balance of said funds re- 
maining in the hands of said treasurer shall be in- 
vested, as nearly as possible, in United States bonds 
or state bonds of Colorado. — R. 8. 5946 

Note. Section 91 above referred to is section 22 herein. 

32. U. S. and state bonds purchased by district 
treasurer — how kept — proceeds — sale. All United 
States or state bonds which may come into the 
hands of any district treasurer, under the provisions 
of this act, shall be duly recorded in the books of 
the district, and deposited in the safety vault of 
some bank w^ithin the state, selected by the district 
board. The interest coupons of said bonds shall be 
duly collected by the district treasurer, and the pro- 
ceeds turned over to the county treasurer, to be 
used in the payment of the interest coupons of the 
bonds of such district, and the annual tax for the 
payment of the interest on said district bonds shall 
be proportionately lessened. Said United States or 
state bonds shall be sold by the district board at the 
best market rates, and the proceeds thereof used to 

48 



BONDS § 33 

redeem the bonds of the district when the same be- 
come due or when they can be bought at not to ex- 
ceed five per cent, premium.— j?. s. 5947 

33. Change of boundaries not release property 
— annexed property. No change in the boundary 
lines of such school district shall release the taxable 
real estate of the district from assessment and levy 
of taxes to pay the interest and principal of such 
bonds, and if there shall be any change of the lines 
of such school district, so as to leave any portion 
of the taxable real estate of the district out of the 
district, which was subject to taxation in the dis- 
trict at the time of the issue of such bonds, the as- 
sessment and levy for principal and interest of such 
bonds shall be made on such property as if it were 
still within the district, and if there shall be any 
change of the lines of such school district, so as to 
annex any taxable real estate, after the issue of 
such bonds, the real estate so annexed shall there- 
after be subject to the assessment and levy for prin- 
cipal and interest of such bonds.— J2. S. 5948 

Government land not taxable. 

a. A tax levy for the bonded indebtedness of a school 
district must be limited to the real estate taxable at the 
time the bonds were voted, and, since government land is 
not taxable, parties acquiring title thereto subsequent to 
the voting of the bonds take it free from taxation for such 
Vurifose.—Callaivay v. D. d R. G. R. R, Co., 6 C. A. 284 

Lands not subject to tax. 

1. Lands to which title has not been obtained from the 
government at the time school bonds are issued by a district 
of which such lands form a part are not subject to tax for 
the payment of such bonds. Hence, if said lands are set off 
or detached from the district before title is perfected, they 
are not subject to a bond tax in the original district when 
title is complete. 

49 



§§34-35 BONDS 

Lands subject to tax. 

2.' State or government lands occupied under contract 
of purchase, title having already been acquired and land 
deeded, are subject to assessment the same as other lands 
for the payment of bonds issued by the school district of 
which they form a part, or such portion of said bonds, if any, 
that remain unpaid; Provided, "That said lands were deeded 
before said bonds had matured." 

3. Territory detached from a district .which has been 
bonded is not released from taxation to pay both principal 
and interest of such bonds. Such detached territory is liable 
foT such taxation until the bonds have been fully discharged, 
the same as if it had remained a part of the original district. 

34. County treasurer's fees. The treasurer of 
the county shall receive the same compensation for 
the collection of such special taxes as he does for 
other school taxes.— i?. s. 5949 

Note. See Revised Statutes for per cent, of compensation. 

35. Refunding bonds — when issued — interest — 
redemption. That when the bonded indebtedness of 
any school district in this state has matured, or may 
hereafter mature, or has or may hereafter become 
redeemable at the pleasure of the district, and there 
shall not be funds in the treasury of such school 
district available for that purpose with which to re- 
deem or pay such bonds, it shall be lawful for the 
board of directors of such school district to issue 
and sell new bonds, equal to the sum necessary and 
not otherwise provided for the payment of the bonds 
then matured or those then redeemable at the pleas- 
ure of such school district, and such bonds thus is- 
sued shall not be sold at a less price than their par 
value ; Provided, It shall be lawful for the board of 
directors of any school district having a bonded in- 
debtedness, to refund the same, at any time, with 
the consent of the bond owners, in bonds bearing 
a less rate of interest than the bonds so refunded 

50 



BONDS §§36-37 

and running for a longer time, which said bonds 
thus issued shall be exchanged at not less than par 
for the bonds outstanding. 

Provided, further, That all bonds issued under 
this section shall bear interest at such rate as said 
school board may determine, not to exceed 8 per 
cent, per annum, and shall be redeemable at the 
pleasure of the district board, in not to exceed ten 
years and payable in not to exceed twenty years 
from the date thereof, and the date after which 
said bonds are redeemable shall be plainly written 
or printed on the face thereof.— ie. ^Sf. 5950 

36. What laws apply to issue and payment — ex- 
cept. All the provisions of the laws of the state of 
Colorado, now existing, relating to the duties of dis- 
trict and county officers in the issue and payment 
of district bonds, and relating to the assessment and 
collection of taxes for the payment of the interest 
and principal of school district bonds, shall be held 
to apply equally and in like manner to all matters 
pertaining to the issue and payment of bonds issued 
under the provisions of this act, except that the time 
when taxes shall be levied and collected for the pay- 
ment of the principal of said bonds shall be as here- 
inafter provided.— i^./Sf. 5951 

37, County commissioners levy tax — treasurer 
collect. At the time provided by law for the levy- 
ing of county taxes in the year next preceding the 
date at which the first installment of said bonds 
shall mature, and every year thereafter until the 
whole amount of said bonds shall be redeemed, the 
board of county commissioners of any county in 
which bonds shall have been issued under the pro- 

51 . 



§§38-39 BONDS 

visions of this .act, shall levy a tax sufficient to pay 
not less than ten per centum nor more than twenty 
per centum of the principal of said bonds, and the 
county treasurer shall collect the same as other 
taxes are collected, and shall pay the amount so 
collected to the district treasurer as is now pro- 
vided by law.— J?, s. 5952 

38. Proviso — submission for refunding — against 
refunding. Provided, however, That no bonds shall 
be issued under the provisions of this act until the 
question of refunding shall first have been submit- 
ted to, and approved by, the qualified voters of the 
district as is now or may be provided by law, ex- 
cept that the electors shall vote ^*for refunding," 
or ''against refunding," instead of ''for the bonds," 
or "against the bonds."— J^. S, 5953 

COUNTY HIGH SCHOOL BONDS 

39. Notice of bond election given upon petition. 

On the petition of fifty voters having the qualifica- 
tions hereinafter prescribed, of any high school dis- 
trict, the county superintendent of public schools 
and ex officio secretary of said district shall give 
notice, not less than twenty days before any regular 
meeting now or which may hereafter be provided by 
law, for electing members of school boards in the re- 
spective districts of the state, or special meeting 
held under the provisions of this act, that the ques- 
tion of contracting a bonded debt for the purpose 
of erecting and furnishing high school buildings, 
or purchasing ground, or for funding floating debts, 
will be submitted to such qualified voters of the 
high school district as have paid a school tax therein 
in the year next preceding said meeting. Notice of 

52 



BONDS §39 

such meeting shall be given and such meeting shall 
be held and conducted and the returns thereof made 
and the result declared in the manner as nearly as 
may be as is by this act provided for the organiza- 
tion of high school districts. Any person offering 
to vote at such meeting in the respective public 
school districts of the high school district, may be 
challenged by any legally qualified elector of the 
district and any one of the judges of election shall 
thereupon administer to the person challenged, an 
oath as follows: 

^^You do swear (or affirm) that you are a citizen 
of the United States; that you have resided in the 
state of Colorado one year immediately preceding 
this election ; that you are twenty-one years of age ; 
that you have resided in this district thirty days 
next preceding this election, and that you have paid 
a school tax within this school district in the year 
next preceding this election, and that you have not 
voted at this election, so help you God (or under 
the pains and penalties of perjury)." 

If he shall refuse to take such oath or affirma- 
tion, his vote shall be rejected. The high school 
committee of any such high school district shall first 
agree, and certify the amount of indebtedness to be 
created, if any. In no case shall the aggregate 
amount of bonded indebtedness of any high school 
district for high school purposes, exceed two per 
cent, of the assessed value of the property of such 
high school district. At such election a separate 
ballot box for this purpose shall be provided and 
the qualified electors shall vote by ballot ''For high 
school bonds" or ''Against high school bonds." If 

53 



§ 39 BONDS 

it shall appear from the final record of the county 
superintendent that a majority of all the votes cast 
are for the high school bonds, the high school com- 
mittee, as soon as practicable thereafter, shall issue 
coupon bonds of the high school district, bearing 
interest not exceeding six per cent, per annum, pay- 
able semi-annually and redeemable at the pleasure 
of the high school district at any time after a date 
to be fixed by said high school committee not less 
than ten years after date, and to be absolutely due 
and payable at a date to be fixed by said high school 
committee not less than twenty nor more than forty 
years from date, the principal and interest payable 
at the office of the treasurer of the county in which 
said high school district may be situate, or the in- 
terest may be payable in the city of New York, at 
the option of the holders thereof, and the canceled 
coupons shall be at the disposal of the high school 
committee. All such bonds so issued shall be signed 
by the president of the high school committee, and 
shall have the seal of the high school district at- 
tached, attested by the secretary and shall be 
countersigned by the county treasurer, and the 
coupons thereto annexed shall be signed by the 
president of the high school committee by original 
or engraved signature.—^. L, '09, p. 404 

County high school right to issue 'bonds. 

1. Having considered the relation in which the above law 
stands to the school act, it appears evident that the general 
assembly intended to create a new and distinct school dis- 
trict, which should exercise all the powers of "school dis- 
tricts" and be classed as a school district, and in the exercise 
of those powers given to school districts in the state. It is, 
therefore, concluded that it has the right to issue bonds in 
accordance with the provisions of section 39 of School Laws 
Annotated. 

54 



BONDS §§40-41 

40. Bonds to be registered by county clerk. 

AVhenever any high school district shall issue bonds 
under the provisions of this act, all such bonds 
shall, previous to being negotiable, be presented to 
the recorder of the county, to be duly registered by 
him in a book kept for that purpose in his office, 
noting the amount, time of payment and rate of in- 
terest, and all such bonds shall state on their face 
that they are issued under the provisions of this act. 
—S. L. '09, p. 405 

41, Commissioners levy tax for principal and 
interest — how paid — surplus. Whenever any high 
school district shall issue bonds under the provisions 
of this act, it shall be the duty of the board of com- 
missioners of the county in which said district may 
be situated, to levy and assess a special tax on all 
the taxable property of such high school district, 
in amounts sufficient to pay the interest coupons 
thereon, when the same shall become due, according 
to their tenor and effect, and the county treasurer 
shall collect the same as other taxes are collected, 
in cash only, keeping the same separate from other 
funds received by him; and if there shall be any 
surplus after paying the coupons and the expenses 
of collecting such special tax, the treasurer shall 
without delay pass the same to the credit of such 
high school district, and such fund so passed to the 
credit of such district shall be subject to the dis- 
posal of the high school committee. And in the cal- 
endar year next preceding the date fixed by said 
high school committee after which said bonds are 
redeemable and annually thereafter, until the full 
payment of said bonds, the said county commis- 
sioners shall provide by taxation and shall collect 

55 



§ 42 BONDS 

such a per centum of the principal of said bonds as 
will, in equal annual installments, be sufficient to 
redeem all of said bonds by the time they mature, 
which amount shall be assessed and collected the 
same as the tax for the payment of the interest 
coupons, and when collected shall be turned over to 
the treasurer of such high school district, such 
money to be used only in the payment of such bonds, 
in the manner as follows : 

The treasurer of such high school district, im- 
mediately after receiving the money as aforesaid, 
shall advertise in some newspaper published in his 
county, if there be any, for four successive weeks, 
that on a certain day named in the advertisement, 
he will pay certain of the high school district bonds, 
said bonds to be described in the advertisement by 
number and amount, and the advertisement shall 
further state that after the day so fixed for pay- 
ment, the interest on the bonds described as afore- 
said, shall cease and determine. The said payment 
shall be made at the office and in the presence of 
the treasurer of the county, who shall cancel the 
bonds redeemed, and a minute of such cancellation 
shall be made on the books of the county recorder, 
after which they shall be at the disposal of the high 
school committee.— ;Sf. I/. '(?9, p. 405 

42. Bonds redeemed — go in open market. In 
all high school districts that may issue bonds under 
the provisions hereof, the treasurer of such district, 
immediately after receiving the annual installment 
of the fund for the redemption of said bonds, as 
provided in the foregoing section hereof, shall go 
into the market and at the lowest possible price for 

56 



BONDS §§43-44-45 

which he can obtain such bonds, shall use such 
fund in the retiring of such bonds to the extent 
of such fund.— /Sf. L. uo, p. 406 

43. Change in boundary not release taxable 
property. No change in the boundary lines of such 
high school district shall release the taxable real 
estate of the district from assessment and levy of 
taxes to pay the interest and principal of such 
bonds, and if there shall be any change of the lines 
of such high school district, so as to leave any por- 
tion of the taxable real estate of the district out of 
such district, which was subject to taxation in the 
district at the time of the issue of such bonds, the 
assessment and levy for principal and interest of 
such bonds shall be made on such property as if it 
were still within the district, and if there shall be 
any change of the lines of such high school district, 
so as to annex any taxable real estate after the is- 
sue of such bonds, the real estate so annexed shall 
thereafter be subject to the assessment and levy 
for principal and interest of such bonds— yS'. L. '09, p. 407 

44. Compensation of county treasurer. The 
treasurer of the county shall receive the same com- 
pensation for the collection of such special taxes as 
he does for other school taxes. — S. L. '09, p. 407 

45. Special meetings — purpose — notice. In any 
high school district the high school committee may 
at any time call a special meeting of the electors 
of such district for any of the purposes specified in 
this act, and the notice of such special meetings 
shall be given and such special meeting shall be held 
and the result thereof declared, in the same man- 
ner as nearly as may be as is provided by this act 

57 



§46 BONDS 

in the case of meetings for the organization of high 
school districts.— fif. L. '09, p. 407 

46. What high school districts subject to this 
act — no district obliged to maintain two high 
schools. All high school districts organized and 
now existing under the provisions of chapter 100 
of the Session Laws of Colorado, 1899, being ''An 
act to provide for the establishment and support of 
high schools in counties of the fourth and fifth 
classes, ' ' appro\ ed April 8th, 1899, or under chapter 
219 of the Session Laws of Colorado, 1907, being 
''An act to amend an act entitled an act "to provide 
for the establishment and support of high schools 
in counties of the fourth and fifth classes," ap- 
proved April 9th, 1907, are hereby declared to be 
duly organized high school districts under the pro- 
visions of this act, and entitled to enjoy all the priv- 
ileges and exercise all of the powers conferred by 
this act, and shall hereafter be subject to the pro- 
visions of this act ; Provided, That no school district 
in any county shall be taxed without its consent for 
the support of more than one class or kind of high 
school, the establishment of which is authorized by 
law; and in voting on the organization of a county 
high school district under the provisions of this 
act, any school district then maintaining a high 
school or any school districts then organized into 
a union high school district and maintaining therein 
a union high school may by voting against the or- 
ganization of a county high school district be ex- 
cluded from such county high school district; but 
if any school district maintaining a high school or 
districts maintaining a union high school shall, un- 

58 



BONDS §46 

der the provisions of this section vote against the 
organization of a county high school district, the 
ballots cast in such district or districts shall be con- 
sidered only upon the question of exclusion and 
shall not be considered in determining the final re- 
sult upon the question of organizing a county high 
school district. And providing further that any 
school district maintaining a high school, or any 
districts organized into a union high school district 
and maintaining therein a union high school, may 
abandon such high school organization and organize 
under the provisions of this act.— ^. L. '09, p. 407 



59 



CERTIFICATES 



Note. For state, college and other diplomas, see general 
heading ''Diplomas." 

47. Grades of certificates — renewals — record. 

The certificates issued by the county superintendent 
shall be of three grades, distinguished as first, second 
and third. The first grade certificate shall be valid' 
for three years and may be renewed by the county 
superintendent of the county in which it was issued; 
the second grade certificate shall be valid for eight- 
een months; the third grade certificate shall be valid 
for nine months; Provided, however. That not more 
than two certificates of the same grade (third grade) 
shall be issued to the same person. A county super- 
intendent may, upon the application of a teacher 
holding a first grade certificate, received at a regular 
examination in another county in the state, and in 
full force at the time, issue to said teacher a certifi- 
cate of like grade ; Provided, That such certificate 
shall not show the standing in each branch, nor be 
subject to renewal, but shall show the conditions 
upon which it is issued. And he may revoke certifi- 
cates of any grade at any time, for immorality, in- 
competency or other just cause. It shall be deemed 
a violation of law to grant certificates of any of the 
above grades, except one of like grade, without re- 
quiring the applicant to pass a thorough and satis- 
factory examination in such branches and at such 
times as are specified in section 15 of this act; and 
in all such examinations the questions prepared by 
the superintendent of public instruction shall be 
used. In case a certificate is revoked or refused by 

60 



J 



CERTIFICATES § 47 

the county superintendent, the right of appeal to 
the state board of education shall not be denied the 
teacher or applicant, if said appeal be taken within 
thirty days from date of notice of such revocation or 
refusal. The county superintendent shall keep an 
official record in a suitable book of the persons so 
examined, containing the names, age, nativity, date 
of examination and grade of certificate issued; he 
shall also retain for three months the written an- 
swers of all applicants at the regular examinations 
and hold the same subject to the order of the state 
board of education; Provided, further. That in a 
school district of the first class the examination may 
be conducted by the school board of such district in 
such manner and at such times as the board may 
determine, who shall have power to issue district 
certificates of the same grades and under the same 
conditions as are specified in sections 15 and 16 of 
this chapter, said certificates, however, shall be re- 
ported to the county superintendent, who shall keep 
a record of the same, and shall be valid only in the 
district where issued, such boards may, however, if 
they see fit, issue certificates without examina- 
tions to high school teachers who hold satisfac- 
tory evidence of adequate training for the work 
they are to do.— ie. 8. 5994 

Note. Section 15 above referred to is section 149, and section 
16 is section 47 herein. 

Note. Questions prepared by superintendent of public in- 
struction, see section 374. 

Note. For teaching languages other than English and music 
and drawing, see section 383, decision one. 

.Note. This section sought to be repealed by section 47a here- 
in, which was referred by petition, and will be voted upon at the 
general election in November, 1912. 

61 



§ 47 CERTIFICATES 

Revoking certificate after discharging. 
a. A school board of a first class district, after discharg- 
ing a teacher, has no authority to revoke a certificate there- 
tofore issued to him so as to prevent his recovery for the 
unexpired term. — School District v. Shuck, 49 C. 526 

Teacher discharged only upon hearing. 
d. Under the law providing that a teacher can be dis- 
charged only on good cause shown, there must be a specific 
accusation, notice and evidence placed before the board in 
its official capacity, and a hearing given the teacher to refute 
the charge; and where some of the members of the board, 
in an unofficial capacity only, inquired around and found 
some basis for neighborhood rumors of immorality, and upon 
such evidence the board gave the teacher leave of absence, 
with instructions to clear up the matter and discharged him 
upon failure so to do, is not a compliance with the statute, 
and such discharge is illegal. — School v. Shuck, 49 C. 526 

Teacher employed without license, how. 

c. Although the law prohibits a school board from em- 
ploying a teacher having no license to teach at the date of 
such employment, and further provides that a teacher who 
shall commence teaching without such license shall forfeit 
all claim to compensation, yet a school board may engage a 
teacher to begin teaching at a future date, conditioned upon 
her obtaining such license prior to the beginning of the 
school; and when such license is obtained and the school 
commenced, the engagement ripens into a valid contract. — 
Hotz V. School Dist., 1 C. A. 40 

Certificate not collaterally attacked except. 

d. In an action by a teacher for wages under a contract, 
his certificate from a county superintendent cannot be col- 
laterally attacked except for fraud. — School Dist. v. Stone, 
14 C. A. 211 

Life of first grade certificate — renewal. 

1. The life of a first grade certificate is three years. 
Such certificate may be renewed for a like term by the 
county superintendent in the county in which it was origi- 
nally issued at any time before its expiration. 

2. A first grade certificate cannot be renewed if pre- 
sented for renewal after the expiration of the time for which 
it was issued. 

3. A first grade certificate may be renewed any number 
of times, without examination, in a county in which it was 
originally issued. 

62 



CERTIFICATES § 47 

4. A first grade certificate issued in one county cannot 
be renewed by a county superintendent of another county, 
but he can issue one of like grade, which shall not show the 
standing in different branches nor be subject to renewal. 

5. The fact that a teacher failed to pass the examina- 
tion in another county would not affect the standing of the 
first grade already obtained by her. It is entirely optional 
with the county superintendent as to whether a first grade 
certificate shall be renewed or not. 

6. The law provides that a first grade certificate may 
be renewed by the county superintendent of the county in 
which it was issued. Since Adams county is a portion of 
that territory in which the certificate was issued, it may be 
renewed at the discretion of the county superintendent. 

Experience necessary for first grade certificate. 

7. There is no law concerning the practical experience 
in teaching to be considered in issuing a certificate of any 
grade except in the prescribed rules and regulations govern- 
ing county examinations of teachers, which rules are sent 
from this office. Rule 14 definitely states applicants for 
certificates of the first grade shall have taught successfully 
for at least one year. 

8. The one year's successful teaching required for 
eligibility to a first grade certificate is not restricted to 
teaching in Colorado. 

9. The year's experience required for a first grade cer- 
tificate is construed to mean twelve months. 

10. There is no provision in the Colorado school law 
crediting teachers with a year's experience who have taught 
the blind, deaf, or mentally deficient, for one year. 

Duplicates. * 

11. A duplicate first grade certificate, while in force, 
can be renewed just as if it were the original. 

12. The law makes no provision for the writing of a 
duplicate certificate for the convenience of the person hold- 
ing a first grade certificate. Special permission may be 
obtained by a county superintendent to write a duplicate 
certificate in case the holder of the original gives proof of 
its being lost or destroyed. 

13. In case of loss of original certificate, upon written 
statement thereof, a duplicate may be issued by the county 
superintendent of the county in which original was issued. 

63 



§ 4? CERTIFICATES 

Like grade certificates. 

14. The endorsement or renewal of certificates and the 
issuing of like grade certificates are in all cases optional 
with the county superintendent. 

15. The county superintendent has the power to issue 
a like grade certificate upon a renewal of a first grade certifi- 
cate issued in another county; that is, a renewal made by 
the superintendent in the county in which the certificate was 
originally issued. There is nothing compulsory in regard to 
the issuing of a like grade certificate. If, in the judgment 
of the county superintendent to whom the certificate issued 
in another county is presented, it seems best that the appli- 
cant should take the examination rather than that the 
renewed certificate shall be recognized by a like grade, he 
has absolute authority to do so. 

16. A like grade certificate cannot be issued on a second 
grade certificate, though such second grade certificate has a 
first grade average. 

17. A like grade certificate is not renewable, and ex- 
pires at the time the original certificate expires. 

18. A certificate of like grade from one county cannot 
be endorsed by a county superintendent of another county; 
but if the first certificate upon which the like grade was 
issued is still in force, another like grade certificate upon it 
can be issued in another county. 

19. The life of a like grade certificate is concurrent 
with that of the original in lieu of which it was issued. 

20. A like grade certificate may be issued in lieu of a 
first grade certificate which has been renewed in the county 
where issued. 

21. A like grade certificate may be issued in lieu of a 
first grade, even though the first grade show previous en- 
dorsement. 

22. A like grade certificate may be issued only, to a 
person who is to teach in the county where such certificate is 
issued. 

Renewal optional with county sup erint evident. 

23. As it is entirely discretionary with the county 
superintendent whether or not a first grade certificate shall 
be renewed or recognized by a ''like grade," a first grade 
cannot in any case be considered equivalent to a state certifi- 
cate, which must be recognized in every part of the state 
during the life of the holder. 

24. A county superintendent may renew her own certifi- 
cate under the same conditions as other renewals are made. 

64 



CERTIFICATES §47 

Second grade certificate. 

25. A second grade certificate is not good for eighteen 
months' teaching; it is simply in force for eighteen months 
from the date upan which it was issued. 

2Q. There is no law authorizing a county superintendent 
to refuse granting a second grade certificate to an applicant 
meriting the same because of lack of experience in teaching. 

27. A second grade certificate cannot be legally re- 
newed; neither does the law make provision for the issuing 
of a certificate of like grade. 

Third grade certificate. 

28. The nine months specified in issuing a third grade 
certificate means that the certificate is valid nine months 
from the date of the examination upon which it was issued. 
It does not mean that it is good for nine months' teaching, 
no matter when the teaching may be done. The same rule 
holds good for the time specified upon a first or second grade 
certificate. 

29. The clause ''Provided, Jioivever, That no more than 
two certificates of the same grade shall be issued to the 
same person," is interpreted as referring to third grade 
certificate. 

30. A third grade certificate isssued to one who has 
previously held two third grades is invalid. 

First class districts — examinations. 
81. According to this section the school board of a first 
class district has the right to conduct an examination in 
such manner and at such time as the board may determine; 
therefore it may decide to hold the examination on consecu- 
tive days, or on irregular days, as desired. The school board 
has the right to prepare its own questions used in this ex- 
amination, or to authorize some person to prepare them, and 
the right to make rules and regulations governing examina- 
tions for certificates and for any special line of work, and 
have a legal right to renew certificates without examination. 

32. Since the law provides that the certificates issued 
by the boards of districts of the first class must be of the 
same grades and under the same conditions as those specified 
in sections 47 and 149 of the school law, it follows that equal 
requirements must be made in districts of the first class as 
in other districts, and the board would not have the right to 
exempt the candidates from examination in one or more of 
the subjects specified in section 149 of the school law. 

33. Teachers' certificates issued by the board of direct- 
ors of first class districts are reported to the co-unty super- 

65 



§ 47 CERTIFICATES 

intendent and a record kept of the same, but they are not 
renewed or endorsed; therefore, no fee would be charged 
for the registration of said certificates. 

34. There is no law authorizing second and third class 
districts to hold examinations for teachers to be employed 
by such districts. 

35. The laws of Colorado do not give county superin- 
tendents the slightest authority to recognize district certifi- 
cates in any way, and such certificates are valueless so far 
as entitling their holders to a right to teach in other schools 
of the county. 

36. Until a first class district is fully organized, so 
far as its board, etc., is concerned, in conformity with the 
provisions of the law relating to first class districts, the 
board of the district would have no right to grant certifi- 
cates to the teachers employed. Until the board was fully 
organized as a first class board the teachers employed in the 
district should be required to take the regular county 
examination. 

37. When a district of the first class has issued a 
district certificate in recognition of a first grade county 
certificate and such certificate is revoked by the county 
superintendent, such revocation would not revoke the dis- 
trict board's certificate any more than it would if the 
board's certificate had been granted on some other evidence. 

38. In districts of the first class, the board may issue 
certificates without examinations to high school teachers 
who hold satisfactory evidence of adequate training for the 
work they are to do; but in districts of the second and third 
class such teacher must pass the regular county examina- 
tion, and the examination shall extend to such additional 
branches of study as are to be pursued in the high school in 
which they are to teach. 

Endorsement of certificates. 

39. The endorsement of a first grade certificate until 
the next examination will not invalidate it in the county 
where issued. 

40. A second grade certificate endorsed "good until the 
next examination" is good in any district of the county for 
such period of time. 

41. It is a violation of the law to endorse county teach- 
ers' certificates issued in this, or any other state, if the 
certificate be not in full force at the date of such endorse- 
ment. Should the board employ a teacher without a license 
to teach, all claim to compensation on the school fund for 
the term will be forfeited. 

66 



CERTIFICATES §47 

Revocation of certificates. 

42. A certificate to teach can not be revoked by a 
county superintendent without having good and sufficient 
reasons for so doing. Alleged exorbitant wages named in 
a contract between him and the directors of a district would 
not be lawful reason for revoking a certificate unless fraud 
of some kind could be shown. 

43. A teacher's certificate may be revoked for im- 
morality, incompetency, drunkenness or like cause; and if a 
person of bad habits who becomes intoxicated, or is a 
gambler, applies for a certificate such grounds would be 
sufficient reason for refusing it; but positive proof should 
be in the possession of the county superintendent before 
taking such action. 

44. If a certificate was obtained illegally, and the 
county superintendent has positive proof of the same, it 
would be sufficient reason for revoking it. 

Expired certificates. 

45. There is nothing that can be done in the case of 
an expired certificate of any grade. A second or third 
grade certificate cannot be renewed under any circumstances. 
The laws of Colorado do not permit the endorsement of 
expired certificates, neither do they permit the holding of 
special examinations. 

College diploma not license to teach. 

46. A college graduate from another state is not ex- 
empt from the regular county examination. 

47. A college diploma is not a license to teach in any 
public school in the state. 

48. Any private school of Colorado may lawfully grant 
certificates or diplomas indicating the work done by its 
students, but such certificates or diplomas cannot be recog- 
nized by county superintendents in issuing county certifi- 
cates. 

Permits not granted. 

49. There is absolutely no authority in law for a 
temporary permit or certificate of any nature to teach in 
the public schools of this state. 

Appeals from county superintendent. 

50. Except in the case of a formally taken appeal 
from the action of a county superintendent in refusing to 
grant a certificate, the state board of education has no 
authority to pass upon the papers presented by an applicant 
at a teacher's examination. 

67 



§-47a CERTIFICATES 

51/ In case of appeal from the decision of county super- 
intendent to the state board of education by an applicant 
for certificate at a regular examination, the certificate, if 
any, issued to said applicant upon such examination, should 
accompany the papers sent to the state board. 

52. A person holds a certificate that expires September 
8. He begins school under contract on September 1. He 
fails to obtain a certificate in the examination held in 
August and appeals to the state board of education. Held, 
that he may continue his school during the pendency of an 
appeal. 

53. When a certificate is revoked by a county super- 
intendent such revocation takes effect on the day named by 
him, and the holder thereof can not lawfully teach during 
the pendency of an appeal to the state board of education. 

Authority of state superintendent. 

54. The laws of Colorado do not give the state super- 
intendent the right to endorse certificates of any kind from 
other states. 

55. The state superintendent has no authority to grant 
a certificate to teach except when directed to do so by a 
vote of the state board of education in cases of appeal or 
upon a state examination. 

56. The state superintendent has no authority to issue* 
a temporary certificate or a certificate of any nature what- 
ever. 

57. The state superintendent has no authority what- 
ever to waive in any manner the requirements of law for a 
license to teach, nor to grant a temporary certificate or 
permit, nor to authorize a county superintendent to grant 
such certificate or permit. 

[Note. The following section is a portion of the law passed 
by the eighteenth general assembly and referred by petition, and 
will be voted upon by the people at the general election of 1912. 
and, if approved, will supersede section 47 herein.] 

47a. The certificates issued by the county super- 
intendent shall be of three grades, distinguished as 
first, second, and third. The first grade certificates 
shall be valid for three years and may be renewed 
by the county superintendent of the county in which 
it was issued ; provided, that no first grade certificate 
shall be issued to any person who has not had at 

68 



CERTIFICATES § 47a 

least eighteen weeks of professional training in a rec- 
ognized teachers^ training school and three terms of 
not less than six months each of successful teaching 
experience ; the second grade certificate shall be valid 
for eighteen months ; provided, that no second grade 
shall be issued to any person v^ho has not had at least 
twelve weeks of professional training in a recognized 
teachers' training school and two terms of not less 
than six months each of successful teaching experi- 
ence; the third grade certificate shall be valid for 
twelve months ; provided, that no third grade certifi- 
cate shall be issued to any person who has not had 
at least six weeks of professional training in some 
recognized teachers' training school or one year of 
successful teaching experience ; provided, further, 
that not more than two third grade certificates shall 
be issued to the same person. A county superin- 
tendent may upon application of a teacher holding 
a first grade certificate receive at a regular examina- 
tion in another county in the state and in full force, 
at the time, issued to said teacher a certificate of like 
grade ; provided, that such certificate shall not show 
the standing in each branch or be subject to renewal, 
but shall show the conditions upon which it is issued. 
And he may revoke certificates of any grade at any 
time, for immorality, incompetency, or other just 
cause. It shall be deemed a violation of law to grant 
certificates of any of the above grades except one of 
like grade, without requiring the applicant to pass 
a thorough and satisfactory examination in such 
branches and at such times as are specified in section 
15 (5991) of this act, and in all such examinations 
the questions prepared by the superintendent of pub- 
lic instruction shall be used. In case a certificate is 

69 



§ 47a CERTIFICATES 

revoked or refused by the county superintendent, 
the right of appeal to the state board of education 
shall not be denied the teacher or applicant, if said 
appeal be taken within thirty days from date of 
notice of such revocation or refusal. The county 
superintendent shall keep an official record in a suit- 
able book of the person so examined, containing the 
names, age, nativity, date of examination, and the 
grade of certificate issued; he shall also retain for 
three months the v^ritten answers of all applicants 
at the regular examinations and hold the same sub- 
ject to the order of the state board of education; 
provided, further, that in the school districts of the 
first class the examination may be conducted by the 
school board of such district in such manner and at 
such times as the board may determine, who shall 
have power to issue district certificates of the same 
grades and under the same conditions as are specified 
in sections 15 (5991) and 16 (5994) of this chapter. 
Said certificates, however, shall be reported to the 
county superintendent, who shall keep a record of 
the same and shall be valid only in the district where 
issued; such boards may, however, if they see fit, 
issue certificates without examination to high school 
teachers who hold satisfactory evidence of adequate 
training for the work they are to do.— ^. L. '11, p. 629 

Note. Sections 15 (5991) and 16 (5994) are sections 149 and 47. 



7Q 



CHILDREN 



CHILD LABOR LAW 

48. Employment of child under fourteen — excep- 
tion. That no child under the age of fourteen years 
shall be employed, permitted or suffered to work at 
any gainable occupation in any theatre, concert hall 
or place of amusement where intoxicating liquors are 
sold, or in any mercantile institution, store, office, 
hotel, laundry, manufacturing establishment, bowl- 
ing alley, passenger or freight elevator, factory or 
workshop, or as a messenger or driver therefor, with- 
in this state. That no child under the age of four- 
teen years shall be employed at any work performed 
for wages or other compensation, to whomsoever pay- 
able, during any portion of any month when the pub- 
lic, schools of the town, township, village or city 
in which he or she resides, are in session, nor be 
employed in any work before the hour of seven 
o'clock in the morning, or after the hour of eight 
o'clock in the evening; provided, that no child shall 
be allowed to work more than eight hours in any one 
day. 

The general assembly of the state of Colorado 
does hereby declare that all occupations or employ- 
ments in which children are forbidden to engage by 
the provisions of this act shall be and hereby de- 
clared to be injurious or dangerous to health, life or 
limb. The employments or occupations permitted 
under this act, under the sections hereof providing 
for exemptions shall be considered injurious or dan- 
gerous to health, life or limb, unless it shall appear 
from the evidence produced before the authorities 

71 



§49 CHILDREN 

permitted to grant such exemptions that, in their 
opinion, the injury or danger to health, life or limb 
has been removed; provided, also that where condi- 
tions are such as to justify granting a permit exempt- 
ing children from the provisions of this act to take 
part in concerts and theatrical performances and 
where such permits have been granted the perform- 
ances of such children shall be construed to be a 
part of their training and education. 

Nothing in this act shall be construed to prevent 
the employment of children in any fruit orchard, 
garden, field or farm, provided that any child under 
fourteen years of age engaging in such employment 
for persons other than their own parents must first 
secure a permit from the superintendent of schools 
in accordance with the provisions of section fifteen 
of this act. The hours of work during each day, or 
in any week shall be in compliance with the pro- 
visions of this act as to the hours during any day 
or week when children may be employed. — 8. L. 'ii, 

p. 232 

Note. Section 15 above referred to is section 62 herein. 

49. Exhibit of child under sixteen — exception. 

It shall be unlawful for any person having the care, 
custody or control of any child under the age of six- 
teen years, or apparently under the age of sixteen 
years, to exhibit, use or employ such child as an actor ' 
or performer in any concert hall or room where in- 
toxicating liquors are sold or given away, or in any 
variety theatre, or for any illegal, obscene, indecent 
or immoral purpose, exhibition or practice whatso- 
ever, or for any business, or in any place, situation 
or exhibition or vocation injurious to the morals or 
health, or dangerous to the life or limb of such child, 

72 



CHILDREN §50 

or cause, procure or encourage such child to engage 
therein. Nothing in this section contained shall 
apply to or effect the employment or use of any such 
child as a singer or musician in any church, school 
or academy, or the teaching or learning the science 
or practice of music, or in the physical development 
of its body in any respectable gymnasium or nata- 
torium; Provided, that any child may be permitted 
to take part in any concert or any theatrical exhibi- 
tion that is being given for profit with the v^ritten 
consent of the authority provided by this act for the 
granting of permits to children for exemptions from 
the provisions of this act. 

Nothing in this act shall be construed to prevent 
children taking part in vv^hat are knov^n as amateur 
entertainments or theatricals for charity or not for 
profit in schools, churches, settlement houses or boys' 
or girls ' clubs.—^. L, '11, p. 233 

50. Employment underground works under six- 
teen. It shall be unlawful for any person, firm or 
corporation to take, receive, hire or employ any child 
or children under sixteen years of age in any under- 
ground works or mine, in or about the surface work- 
ings thereof, or in any smelter, coke oven or to adjust 
any belt to any machinery, or to operate or assist in 
operating circular or band saws, wood-shapers, wood- 
jointers, planers, sand-paper or wood-polishing ma- 
chinery, emery or polishing wheels used for polishing 
metal, w^ood-turning or boring machinery, stamping 
machines in sheet-metal and tinware manufacturing, 
stamvping machines in washer and nut factories, oper- 
ating corrugating rolls, such as are used in roofing 
factories, nor shall they be employed in operating 
any passenger or freight elevators, steam boiler, 

73 



§ 51 CHILDREN 

steam machinery or other steam generating appa- 
ratus, or automobiles, wire or iron straightening ma- 
chinery; nor shall they operate or assist in operating 
rolling mill machinery punches or shears, washing, 
grinding or mixing mill or calendary rolls in rubber 
manufacturing, nor shall they operate or assist in 
operating laundry machinery, nor shall children be 
employed in any capacity in preparing any composi- 
tion in which dangerous or poisonous acids are used, 
and they shall not be employed in any capacity in the 
manufacture of paints, colors or white lead ; nor shall 
they be employed in any capacity whatever in the 
manufacture of goods for im^ioral purposes ; nor 
shall females under the age of sixteen j^ears of age 
be employed in any capacity whatsoever where such 
employment compels them to remain standing con- 
stantly. No female child under ten years of age, 
shall sell or be permitted or alloAved to sell or dis- 
tribute any newspapers, periodicals or other publica- 
tion or any article of merchandise or to engage in or 
carry on any other business of occupation in the 
streets of alleys of any town or city. — S. L. '11, p. 234 

51. Employer to keep register^school certificate. 
It shall be the duty of every person, firm or corpora- 
tion, agent or manager of any firm or corporation 
employing minors over 14 years and under 16 years 
of age in any mercantile institution, store, office, 
hotel, laundry, manufacturing establishment, bowl- 
ing alley, theatre, concert hall or place of amuse- 
ment, passenger or freight elevator, factory or work- 
shop or as a messenger or driver therefor, within this 
state, to keep a register in said mercantile institu- 
tion, store, office, hotel, laundry, manufacturing es- 
tablishment, bowling alley, theatre, concert hall or 

74 



CHILDREN § 52 

place of amusement, factory or Avorkshop in which 
said minors shall be employed or permitted or suf- 
fered to work, in which register shall be recorded the 
name, age and place of residence of every child em- 
ployed or suffered or permitted to work there, or as 
messenger or driver therefor, over the age of 14 and 
under the age of 16 years; and it shall be unlawful 
for any person, firm or corporation agent or manager 
of any firm or corporation to hire or employ, or per- 
mit or suffer to work in any mercantile institution, 
store, office, hotel, laundry, manufacturing establish- 
ment, bowling alley, theatre, concert hall or place of 
amusement, passenger or freight elevator, factory or 
workshop, or as messenger or driver therefor, any 
child under the age of 16 years and over 14 years of 
age, unless there is first produced and placed on file 
in such mercantile institution, store, office, hotel, 
laundry, manufacturing establishment, bowling alley, 
factory or workshop, theatre, concert hall or place of 
amusement, an age and school certificate approved as 
hereinafter provided. — S. L. '11, p. 235 

52. List of employed posted in work room. 
Every person, firm or corporation, agent or manager 
of a corporation employing or permitting or suffering 
to work five or more children under the age of 16 
years and over the age of 14 in any mercantile insti- 
tution, store, office, laundry, hotel, manufacturing 
establishment, factory or work-shop, shall post and 
keep posted in a conspicuous place in every room in 
which such help is employed, or permitted or suffered 
to w^ork, a list containing the name, age and place of 
residence of every person under the age of 16 years 
employed, permitted or suffered to work in such 
room. —s. L. '11, p. 235 



§§ 53-54 CHILDREN 

53. Age and school certificate. No child per- 
mitted to be employed under this act shall be em- 
ployed in any mercantile institution, store, office, 
hotel, laundry, manufacturing establishment, bowl- 
ing alley, theatre, concert hall, or place of amuse- 
ment, passenger or freight elevator, factory or work- 
shop, or as messenger or driver therefor, unless there 
is first produced and placed on file in such mercantile 
institution, store, office, hotel, laundry, manufactur- 
ing establishment, bowling alley, theatre, concert hall 
or place of amusement, factory or w^orkshop, and 
accessible to the state factory inspector, assistant 
factory inspector or deputy factory inspector, an age 
and school certificate as hereinafter prescribed; and 
unless there is kept on file and produced on demand 
of said inspectors of factories a complete and correct 
list of all the minors under the age of 16 years so 
employed who cannot read at sight and write legibly 
simple sentences, unless such child is attending night 
school as hereinafter provided. — S. L. 'li, p. 236 

54. Age and school certificate — how approved. 
An age and school certificate shall be approved only 
by the superintendent of schools or by a person au- 
thorized by him in writing; or where there is no 
superintendent of schools, by a person authorized by 
the school board; Provided, that the superintendent 
or principal of a parochial school shall have the right 
to approve an age and school certificate, and shall 
have the same rights and powers as the superin- 
tendent of public schools to administer the oaths 
herein provided for children attending parochial 
schools : Provided further, that no member of a 
school board or. other person authorized as aforesaid 
shall have authority to approve such certificates for 

76 



CHILDREN §§ 55-56 

any child then in or about to enter his own establish- 
ment, or the employment of a firm or corporation of 
which he is a member, officer or employe. The per- 
son approving these certificates shall have authority 
to administer the oath provided herein, but no fee 
shall be charged therefor. It shall be the duty of the 
school board or local school authorities to designate 
a place (connected with their office, when practi- 
cable) where certificates shall be issued and recorded, 
and to establish and maintain the necessary records 
and clerical service for carrying out the provisions 
of this act. —8. L. '11, p. 236 

55. Proof of age. An age and school certificate 
shall not .be approved unless satisfactory evidence 
is furnished by the last school census, the certificate 
of birth or baptism of such child, the register of 
birth of such child with a town or city clerk, or by 
the records of the public or parochial schools, that 
such child is of the age stated in the certificate : 
Provided, that in cases arising wherein the above 
proof is not obtainable, the parent or guardian of 
the child shall make oath before the juvenile or 
county court or any officer thereof as to the age of 
such child, and the court may issue to said child 
an age certificate as sworn to. — s. L. 'll, p. 237 

56. Employment ticket. The age and school 
certificate of a child under 16 years of age shall not 
be approved and signed until he presents to the 
person authorized to approve and sign the same a 
school attendance certificate, as hereinafter pre- 
scribed, duly filled out and signed. A duplicate of 
such age and school certificate shall be filled out 
and shall be forwarded to the state factory in- 
spector's office. Any explanatory matter may be 

77 



§ 56 CHILDREN 

printed with such certificate, in the discretion of the 
school board or superintendent of schools. The em- 
ployment and the age and school certificates shall 
be separately printed and shall be filled out, signed 
and held or surrendered as indicated in the follow- 
ing forms: 

School Certificate. 

(Name of school.) (City or town and date.) 

This certifies (name of minor) of the th 

grade, can read and write legibly simple sentences. 
This also certifies that according to the records of 
this school, and in my belief, the said (name of 
minor) was born at (name of city or town), in 
(name of county), on the (date) and is now (num- 
ber of years and months) olcl. 

(Name of parent or guardian.) 

(Residence.) 

(Signature of teacher) grade. 

(Name of principal.) 

Evening School Attendance Certificate. 
(Date.) 
This certifies that (name of minor) is registered 

in and regularly attends the evening 

school. This also certifies that according to the rec- 
ords of my school and in my belief the said (name 
of minor) was born at (name of city or town), on 

the day of (year), and is now (number 

of years and months) old. 

(Name of parent or guardian.) 

(Residence.) 
(Signature of teacher.) 
(Signature of principal.) 

78 



CHILDREN § 56 

Age and School Certificate. 
This certifies that I am (father, mother, guar- 
dian or custodian) of (name of minor), and that 
(he or she) was born at (name of town or city), in 
the (name of county, if known) and state and 

county of on the (day of birth and year 

of birth) and is now (number of years and months) 
old. 

(Signature of parent, guardian or custodian.) 

(City or town and date.) 
There personally appeared before me the above 
named (name of person signing) and made oath 
that the foregoing certificate by (him or her) signed 
is true to the best of (his or her) knowledge. T 
hereby approve the foregoing certificate of (name 

of child) height (feet and inches), weight , 

complexion (fair or dark), hair (color), having no 
sufficient reason to doubt that (he or she) is of the 
age therein certified. 

Owner of Certificate. This certificate belongs 
to (name of child in whose favor it is drawn) and 
is to be surrendered to (him or her) whenever (he 
or she) leaves the service of the corporation or em- 
ployer holding the same; but if not claimed by said 
child within thirty days from such time it shall be 
returned to the superintendent of schools, or where 
there is no superintendent of schools, to the 
school board. (Signature of person authorized to 
approve and sign, with official character authority) 
(town or city and date.) 

Illiteracy. In the case of a child who can not 
read at sight and Avrite legibly, simple sentences, 
the certificate shall continue as follows : after the 

79 



§§ 57-58 CHILDREN 

word sentences: '^I hereby certify that (he or she) 
is regularly attending the (name of public or pa- 
rochial evening school)." This certificate shall con- 
tinue in force just as long as the regular attendance 
of said child at said evening school is certified 
weekly by the teacher and principal of such school. 

Evening School. In any city or town in which 
there is no public or parochial evening school, 
an age and school certificate shall not be approved 
for a child under the age of 16 years who can not 
read at sight and write legibly simple sentences, the 
certificate of the principal of a public or parochial 
school shall be prima facie evidence as to the lit- 
eracy or illiteracy of the child. — S. L. '11, p. 239 

57. Schooling required. No person shall em- 
ploy any minor over 14 years of age and under 16 
years, and no parent, guardian or custodian shall 
permit to be employed any such minor under his 
control who can not read at sight and write legibly 
simple sentences, while a public evening school is 
maintained in the town or city in which such minor 
resides, unless such minor is a regular attendant at 
such evening school. ~s. L. 'li, p. 239 

58. Duties of state inspectors of factories. The 
state inspector of factories, his assistants or dep- 
uties, shall visit all mercantile institutions, stores, 
offices, laundries, manufacturing establishments, 
bowling alle}^, theatres, concert halls or places of 
amusement, factories or w^orkshops, and all other 
places where minors are or may be employed in this 
state, and ascertain whether any minors are em- 
ployed contrary to the provisions of this act. In- 
spectors of factories may require that age and 

80 



CH1I.DREN § 59 

school certificates, and all lists of minors employed 
in such factories, workshops, mercantile institutions 
and all other places where minors are employed as 
provided for in this act, shall be produced for their 
inspection on demand. And, provided, further, that 
upon written complaint to the school board or local 
school authorities of any city, town, district or mu- 
nicipality, that any minor (whose name shall be 
given in such complaint) is employed in any mer- 
cantile institution, store, office, laundry, manufac- 
turing establishment, bowling alley, theatre, con- 
cert hall or place of amusement, passenger or freight 
elevator, factory or workshop, or as messenger or 
driver thereof, contrary to the provisions of this 
act, it shall be the duty of such school board or 
local school authority to report the same to the state 
inspector of factories. — S. L. '11, p. 240 

59. Hours of labor. No person under the age 
of 16 years shall be employed or suffered or per- 
mitted to work at any gainful occupation more than 
forty-eight hours in any one week, nor more than 
eight hours in any one day; or after the hour of 
8:00 o'clock in the evening. Every employer shall 
post in a conspicuous place in every room where 
such minors are employed, a printed notice stating 
the hours required of them each day of the week, 
the hours of commencing and stopping work, and 
the hours when the time or times allowed for din- 
ner or other meals begins and ends. The printed 
form of such notice shall be furnished by the state 
inspector of factories, and the employment of any 
such minor for longer time in any one day so 
stated shall be deemed a violation of this section. 
— ;Sf. L. '11, p. 240 

81 



§§ 60-61-62 CHILDREN 

60. Prima facie evidence of a child's employ- 
ment. The presence of any person under the age 
of 16 years in any manufacturing establishment, 
factory or workshop shall constitute prima 
facie evidence of his or her employment therein. 
—8. L. '11, p. 240 

61. Enforcement of the provisions of this act. 

It shall be the special duty of the state factory in- 
spector to enforce the provisions of this act and to 
prosecute all violations of the same before any mag- 
istrate or any court of competent jurisdiction in this 
state. It shall be the duty of the state factory 
inspector, assistant state factory inspector and 
deputy state factory inspectors under the super- 
vision and direction of the state factory inspector, 
and they are hereby authorized and empowered 
to visit and inspect, at all reasonable times, 
and as often as possible, all places covered by this 
act; provided, that this act shall not be construed 
to repeal any law of this state imposing duties or 
responsibilities upon any other officer or person to 
make inspections or bring prosecutions for the vio- 
lation of any school law or any other law of this 
state for the protection of children. — s. L. '11, p. 241 

62. Child exempted — how. Any child may be 
exempted from the provisions of this act concern- 
ing employment of children in any concert or the- 
atrical exhibition or performance in any place 
where intoxicating liquors are not sold, and between 
the ages of fourteen and sixteen, from any other 
provisions of this act, except the provisions of sec- 
tion three, on the following conditions : Any 
such child, its parent or person seeking to employ 
such child shall file an application in writing with 

82 



CHILDREN § 62 

the city superintendent of schools if there be any 
such city superintendent of schools — and if not, then 
with the county superintendent of schools, or any 
person deputized by them to receive and act upon 
such application, stating his or her age, residence, 
address, school attendance, grade, names of parent, 
parents or guardian, and in detail the nature of 
employment sought, the number and character of the 
performances, the kind of work required and the 
name of the employer and such facts as may be 
required to enable such person to pass intelligently 
upon such application. Within not less than 48 
hours of the filing of such application, it shall be 
the duty of such officer to hear and determine such 
application, and if the same shall be granted, such 
officer granting the same, shall issue a written per- 
mit to such child, stating therein his reasons for 
such permit. If such application is refused, the 
child or the person making same for the child shall 
be entitled upon demand, within 24 hours after such 
refusal, to be furnished with a written statement 
of the reasons of such officer for refusing to issue 
such permit. An appeal may be taken from the 
decision of such officer so passing upon such appli- 
cation to the county or juvenile court of the county, 
in which such application is made, upon such child, 
its parent or guardian or any person interested in 
the protection of such child filing a brief written 
petition with the clerk of said court, with a copy 
of such refusal to grant such permit ; provided, such 
appeal is taken within ten days after the refusal 
to issue such permit. No fee shall be charged for 
any such application or on account of any such 

83 



§ 62 CHILDREN 

appeal. No permit shall be granted under the pro- 
visions of this section to any child to be employed 
in any concert or theatrical exhibition or perform- 
ance unless it shall be made to appear that suitable 
provisions have been made by the employer of such 
child for the protection of the moral and physical 
health and the education of such child. The person 
passing upon such application or any court before 
whom such matter may be brought for final deter- 
mination, may, as a condition to granting such per- 
mit, make such reasonable terms and conditions as 
shall seem necessary and proper for safeguarding 
the moral and physical health of such child and 
giving it such educational advantages as may seem 
to be for its best interests. And it shall be lawful 
to attach as a condition to any such permit men- 
tioned in this section a written promise of the em- 
ployer of such child to comply with the terms there- 
of and a bond or undertaking to the people of the 
state of Colorado in a penal sum to be fixed by the 
court, not exceeding two thousand dollars, with 
one or more sureties may be required by the court 
of such employer conditioned that he will faith- 
fully carry out the terms and conditions upon 
which such permit may be granted. Permits or 
copies certified to as correct by the authorities is- 
suing the same granting exemptions from this act 
for children to appear in any concert or theatrical 
performance shall be kept on file at the box office 
of concert halls or theatre in which any such child 
may appear under such permits. All such permits 
shall be subject to inspection by the humane so- 
ciety and probation officers and factory inspectors. 

84 



CHILDREN § 63 

Any person may apply to the county or juvenile 
court to have the exemption permitted by this act 
revoked by such court by filing with the clerk of 
the court a short petition setting up the facts show- 
ing that the conditions of the permit granting such 
exemption have been violated, or that it is not for 
the best interest of such child to have such permit 
or exemption. Whereupon, the court shall issue a 
summons or notice to such child and to at least one 
of its parents or guardian, if there be such parent 
or guardian in the county, requiring them to ap- 
pear before ^uch court within not less than forty- 
eight hours to show cause why the prayer of such 
petition should not be granted or such permit or 
exemption should not be revoked. During that part 
of the months of June, July and August when the 
public schools are not in regular session, children 
over twelve years of age shall be entitled to ex- 
emptions from the provisions of this act, permitted 
by section fifteen, upon complying with the condi- 
tions and receiving the permit provided for in 
said section, —s. L. 'll, p. 241 

Note. Section 15 above referred to is section 62 herein. 

63. Penalties — first offense. Whoever, having 
under his control a child under the age of 16 years, 
permits such child to be employed in violation of 
the provisions of this act, shall for each offense be 
fined not less than five dollars nor more than 
twenty-five dollars, and shall stand committed until 
such fine and costs are paid. A failure to pro- 
duce to the inspector of factories, his assist- 
ants or deputies, any age and school certificates 
or lists required by this act, shall constitute 

85 



§ 63 CHILDREN 

a violation of this act, and the person so failing 
shall, upon conviction, be fined not less than five 
dollars nor more than fifty dollars for each offense. 
Every person authorized to sign the certificate 
prescribed by section 7 of this act, who certifies 
to any materially false statement therein, shall 
be guilty of a violation of this act, and upon 
conviction be fined not less than five dollars 
nor more than one hundred dollars for each offense, 
and shall stand committed until such fine and costs 
are paid. Any person, firm or corporation, agent 
or manager, superintendent or foreman of any firm 
or corporation, whether for himself or for such 
firm or corporation, or by himself or through sub- 
agents or foreman, superintendent or manager, 
who shall violate or fail to comply with any 
of the provisions of this act, or shall refuse 
admittance to premises, or otherwise obstruct the 
factory inspector, assistant factory inspector or 
deputy factory inspector in the performance of 
their duties, as prescribed by this act, shall be 
deemed guilty of a misdemeanor, and upon convic- 
tion thereof shall be fined not less than five dol- 
lars, nor more than one hundred dollars for each 
offense, and shall stand committed until such fine 
and costs are paid. 

It is the intention and purpose of this act to 
extend personal responsibility to the president and 
general manager of any corporation for violation 
of this act by any foreman, superintendent or sub- 
manager or sub-agent.— ;Sf. L. 'li, p. 243 

Note. Section 7 above referred to is section 54 herein. 



CHILDREN §§ 64-65 

64. Penalties — second violation. Any person, 
agent, firm or corporation who shall be convicted 
of a second violation of any provision of this act, 
shall be fined in a sum not less than one hundred 
dollars, or more than five hundred dollars or be 
imprisoned in the county jail for not to exceed 
ninety days or by both such fine and imprisonment, 
in the discretion of the court. — 8. L. '11, p. 244 

DELINQUENT CHILDREN 

65. Definition of terms — application of act — evi- 
dence. This act shall apply only to children sixteen 
years of age or under, not inmates of a state 
institution, or any institution incorporated under the 
laws of the state for the care and correction of delin- 
quent children. The words ^^ delinquent child'' shall 
include any child sixteen years of age or under 
'such age who violates any law of this state or any 
city or village ordinance ; or who is incorrigible, or 
who knowingly associates with thieves, vicious or 
immoral persons, or who is growing up in idleness 
or crime, or who knowingly visits or enters a house 
of ill-repute, or who knowingly patronizes or visits 
any policy shop or place where any gaming device is, 
or shall be, operated ; or who patronizes or visits any 
saloon or dram shop where intoxicating liquors are 
sold; or who patronizes or visits any public pool room 
or bucket shop ; or who wanders about the streets in 
the night time without being on any lawful business 
or occupation ; or who habitually wanders about any 
railroad yards or tracks, or jumps or hooks on to any 
moving train, or enters any car or engine without 
lawful authority; or who habitually uses vile, ob- 
scene, vulgar, profane or indecent language, or is 

87 



§§ 66-67-68 CHILDREN 

guilty of immoral conduct in any public place or 
about any school house. Any child committing any 
of the acts herein mentioned shall be deemed a 
juvenile delinquent person, and shall be proceeded 
against as such in the manner hereinafter provided. 
A disposition of any child under this act, or any evi- 
dence given in such cause, shall not in any- civil, 
criminal or other cause or proceeding whatever in 
any court be lawful or proper evidence against such 
child for any purpose whatever, excepting in subse- 
quent cases against the same child under this act. 
The word ^' child" or ^^ children" may mean one or 
more children, or the word '^ parent" or ^^ parents" 
may mean one or both parents when consistent with 
the intent of this act.— i?. S. 586 

66. Penalty. Any person who shall be convicted 
of violating any of the provisions of the preceding 
sections of this act, shall be fined not exceeding one- 
hundred dollars, or be imprisoned in the coi^nty jail 
not exceeding three. months, or both, in the discretion 
of the court ; and upon conviction for a second or any 
subsequent offense, shall be fined not exceeding two 
hundred dollars, or be imprisoned in the county jail 
not exceeding six months. — R. 8. 603 

67. Delinquent girls under eighteen. From and 
after the passage of this act, any law of this state 
defining delinquency or concerning contributory de- 
linquency shall, for the protection of girls, be held 
to include all girls under the age of eighteen years. 

—S. L. '11, p. 298 

PHYSICAL EXAMINATION 

68. State superintendent prepare suitable test 
card. The state superintendent of public instruction 
shall prepare or cause to be prepared suitable test 



CHILDREN § 69 

cards, blanks, record books, and other needful appli- 
ances and supplies to be used in testing the sight, 
hearing and breathing of pupils in the public schools, 
and the necessary instructions for their use ; and shall 
furnish the same free of expense to every public 
school in the state. The teacher or principal in every 
public school, or where there is no principal, the 
county superintendent, shall, during the first month 
of each school year, test the sight, hearing and breath- 
ing of all pupils under his charge, such examination 
to be made by observation, without using drugs or 
instruments, and without coming in contact with 
said child; and keep a record of such examinations 
according to the instructions furnished and make a 
written report of such examinations to the state 
superintendent of public instruction as he may re- 
quire.—^. L. '09, p. 490 

69. Teacher report defectiveness. Every teacher 
in the public schools shall report the mental, moral 
and physical defectiveness of any child under his 
supervision, as soon as such defectiveness is apparent, 
to the principal or, where there is no principal, to 
the county superintendent. Such principal or county 
superintendent shall promptly notify the parents or 
guardian of each child found to be defective, of the 
child's defectiveness, and shall recommend to such 
parents or guardian that such child be thoroughly 
examined as soon as possible by a competent physi- 
cian or surgeon Avith special reference to the eyes, 
ears, nose, throat, teeth and spine. If the parents or 
guardian of such child shall fail, neglect or refuse 
to have such examination made and treatment begun 
within a reasonable time after such notice has been 
given, the said principal or superintendent shall 

89 



§ 70 CHILDREN 

notify the state bureau of child and animal protec- 
tion of the facts ; Providing, however, That whenever 
it shall be made to appear to the said principal or 
superintendent, upon the written statement of the 
parent or guardian of said child, that such parent or 
guardian has not the necessary funds wherewith to 
pay the expenses of such examination and treatment, 
the said principal .or superintendent shall cause such 
examination and treatment to be made by the county 
physician of the district wherein said child resides ; 
and it shall be the duty of such county physician to 
make such examination and treatment, and if he be 
unable to properly treat such child he shall forth- 
with report such fact to the county commissioners of 
the county, with his recommendation.—^. L. '09, p. 490 

70. Auditor draws warrant — biennial expense not 
to exceed one thousand dollars. The state auditor 
is hereby directed to draw his order for such sums 
and at such times as the state superintendent of 
public instruction may require to carry out the pro- 
visions of this act. The total expenses under this act 
shall not exceed one thousand dollars in any biennial 
period ending November 30.— /Sf. L. '09, p. 491 



90 



COMPULSORY EDUCATION 



71. Children sent to school — exception — appeal. 

That in all school districts of this state, all parents, 
g-uardians and other persons having care of chil- 
dren shall instruct them, or cause them to be in- 
structed, in reading, writing, spelling, English 
grammar, geography and arithmetic. In such dis- 
tricts, every parent, guardian or other person hav- 
ing charge of any child between the ages of eight 
and sixteen years, shall send such child to a public, 
private or parochial school for the entire school 
year during which the public schools are in session 
in such districts; Provided, however. That this act 
shall not apply to children over fourteen years of 
age where such child shall have completed the eighth 
grade, or may be eligible to enter any high school 
in such district, or where its help is necessary for 
its own or its parent's support, or where for good 
cause shown it would be for the best interests of 
such child %o be relieved from the provisions of this 
act; Provided, further, That if such child is being 
sufficiently instructed at home by a person qual- 
ified, such child shall not be subject to the provisions 
of this act; and Provided, further, That if a repu- 
table physician within the district shall certify in 
writing that the child's bodily or mental condition 
does not permit its attendance at school, such child 
shall be exempt during such period of disability 
from the requirements of this act. It shall be the 
duty of the supei'intendent of the school district, 
if there be such superintendent, and, if not, then 

91 



§ 71 COMPULSORY EDUCATION 

the county superintendent of schools, to hear and 
determine all applications of children desiring for 
any of the causes mentioned herein to be exempted 
from the provisions of this act, and if upon such 
application such superintendent hearing the same 
shall be of the opinion that such child is for 
any reason entitled to be exempted as aforesaid, 
then such superintendent shall issue a written per- 
mit to such child, stating therein his reasons for 
such exemption. An appeal may be taken from the 
decision of such superintendent so passing upon 
such application to the county court of the county 
in which such district lies, upon such child making 
such application and filing the same with the clerk 
or judge of said court within ten days after its re- 
fusal by such superintendent, for which no fee to 
exceed the sum of one dollar shall be charged, and 
the decision of the county court shall be final. An 
application for release from the provisions of this 
act shall not be renewed oftener than once in three 
months. —R. S, 530 

Law does not prohibit a pupil from being expelled. 

1. The compulsory attendance law does not prohibit a 
pupil from being expelled from public school, in proper 
cases. 

Parents cannot avoid law by sending children away. 

2. When a boy's parents live in a school district they 
cannot avoid the provisions of the compulsory law by send- 
ing their son to another locality, the child and the parents 
being exactly as liable to the provisions of the law as if they 
were keeping him in town and he was not attending school. 

Demands of laiv not met by teaching German. 

3. The demands of a compulsory education law would 
not be met in case a child attended a private school in which 
the German language was used, as the intent of the law is 
that the child shall receive for the time specified equivalent 

92 



COMPULSORY EDUCATION § 72 

instruction to that given through the public schools, which 
the law requires shall be taught in the English language. 

Instruction at home. 

4. The law provides that a child who does not attend 
the public school shall be taught at home in such branches 
as are usually taught in the public schools, subject to the 
same examinations as the pupils of the district in which the 
child resides. While the law states that the child should be 
instructed by some person qualified, nothing is given in re- 
gard to a legal qualification, such as obtaining a teacher's 
certificate. 

Instruction in private schools. 

5. The compulsory school law requires that children 
between the ages of eight and sixteen, attending a private 
school, should receive such instruction as would be an equiv- 
alent to that given in the public schools. It is the duty of 
the truant officer to investigate such cases and require what- 
ever statements may be necessary concerning the work. 

Does not apply to deaf and Mind. 

6. Attendance is not compulsory at the state school for 
the deaf and blind. 

72. Children under 14 years not employed — 
penalty for employing. No child under the age of 
14 years" shall be employed by any person, persons, 
company or corporations during the school term 
and while the public schools are in session, unless 
the parent, guardian or person in charge of such 
child shall have fully complied with section one of 
this act. Every such employer shall require proof 
of such compliance, and shall make and keep a 
written record of the proof given, which shall be 
subject to the inspection of the truant officer, su- 
perintendent of schools, or any school director of 
the district. Any employer employing any child 
contrary to the provision of this section, shall be 
fined not less than twenty-five nor more than one 
hundred, dollars. —R. 8. 531 



§§ 73-74 COMPUJLSOKY EDUCATION 

73. Minors between 14 and 16 must read and 
write — duty of employer — penalty. All minors over 
the age of 1-i years and under the age of 16 years 
who can not read, and write the English language, 
shall attend school at least one-half day of each 
day, or attend a public night school, or take regular 
private instruction from some person qualified, in 
the opinion of the county superintendent of schools, 
in which such district or the greater portion of the 
same lies, until such minor obtains a certificate 
from such superintendent that he or she can read 
at sight and write legibly, simple sentences in Eng- 
lish. Every employer employing or having in em- 
ployment any such minor shall exact as a condition 
of employment the school attendance or instruction 
required by this section, and shall on request of 
the truant officer, furnish the evidence that such 
minor is complying with the requirements of this 
section. Every employer failing to comply with the 
requirements of this section as to any minor em- 
ployed by him or in his employ, shall be fined not 
less than twenty-five dollars, and not more than 
one hundred dollars; Provided, That any employer 
with the approval or consent of the county super- 
intendent of schools may make provision for the 
private instruction of minors in his employ. 
—R. 8. 532 

74. Truant — who is — juvenile disorderly person. 

Every child within the provisions of this act Avho 
does not attend school, as provided in section one 
of this act, or who is in attendance at any public, 
private or parochial school, and is vicious, incor- 
rigible or immoral in conduct, or who is an habitual 
truant from school, or who habitually wanders about 

^4 



COMPULSORY EDUCATION § 7§ 

the streets and public places during school hours 
without any lawful occupation or employment, or 
who habitually wanders about the streets in the 
night time, having no employment or lawful occu- 
pation, shall be deemed a juvenile disorderly per- 
son, and be subject to the provisions of this act. 
—R. S. 533 

School directors must enforce latv. 

1. It is the duty of the scho'ol board to enforce the com- 
pulsory law. Complaint of its violation may be made by any 
elector of the district. 

75. Truant officer^ — powers — duties — record. To 

aid in . the enforcement of this act, the board of 
school directors in districts of the first and second 
class shall have power, and it shall be their duty, 
to appoint one or more truant officers whose com- 
pensation shall be fixed by the board appointing 
him. The truant officer shall be vested with police 
powers, and shall have authority to enter work- 
shops, factories, stores and all other places where 
children may be employed, and jn the way of in- 
vestigation or otherwise, to enforce this -act. The 
truant officer shall institute proceedings against any 
officer, parent, guardian, person or corporation who 
shall violate any of the provisions of this act, and 
shall otherwise discharge the provisions of this act, 
and perform such other services as the county su- 
perintendent of schools or the board of directors 
of the school district may deem necessary to pre- 
serve the morals and secure the good conduct of 
school children, and to enforce this act. The truant 
officer shall keep a record of his transactions for 
the inspection of the county superintendent of 
schools and of the directors of the school district, 

95 



§§ 76-77 ^ COMPULSORY EDUCATION 

and suitable blanks shall be provided for his use by 
the secretary of the school district.— i?. 8. 534 

76. Truancy officer in third class districts. The 
board of school directors in school districts of the 
third class in this state shall appoint a truancy of- 
ficer whose powers and duties shall be the same as 
those prescribed by law for truancy officers in 
school districts of the first and second class. His 
compensation shall be fixed by the board appoint- 
ing him and may be by the day for the time actually 
consumed in the discharge of his duties. as such 
officer... A member of the school board may be ap- 
pointed truancy officer.—^. L. '11, p. 250 

77. Truant officer — duties — conviction of parent 
— penalty — bond — defense. The truant officer shall 
examine into any case of truancy within his district, 
and shall warn the parent, guardian, or others in 
charge of the child of the final consequences of 
truancy if persisted in. When any child between 
the ages of eight and fourteen years, or any child 
between the ages of fourteen and sixteen years, who 
can not read and write the English language, or is 
not engaged in some regular employment, or any 
child between the age of fourteen years and sixteen 
years who has been discharged from employment to 
obtain instruction or schooling, is not attend- 
ing school without lawful excuse and in vio- 
lation of the provisions o.f this act, the tru- 
ant officer shall notify the parent, guardian, 
or other person in charge, of the fact, and require 
such person to cause the child to attend some rec- 
ognized school within five days from the date of the 
notice, and it shall be the duty of such person so 

96 



COMPULSORY EDUCATION § 77 

to cause its attendance at some recognized school. 
Upon failure to do so, the truant officer shall make 
complaint in the county court of the county in 
which such child lives, against the parent, guardian 
or other person having such child in charge, and 
upon conviction, the parent, guardian or other per- 
son in charge, shall be fined not less than five dol- 
lars nor more than twenty dollars, or the court may, 
in its discretion, require the person so convicted to 
give a bolld in the penal sum of $100, with sureties 
to the approval of the judge of such court, condi- 
tioned that he or she will cause the child under his 
or her care to attend some recognized school within 
five days thereafter, and to remain at school during 
the term prescribed at law. And upon the failure 
or refusal of the parent, guardian or other person 
to pay such fine or furnish such bond according to 
the order of the court, the said parent, guardian or 
other person shall be imprisoned in the county jail 
not less than ten days nor more than thirty days. 
For violation of the bond, suit may be brought in 
any court of competent jurisdiction, in the name of 
the school district, and the amount recovered shall 
go to the school fund of the district. If the parent, 
guardian or other person shall prove his inability 
to cause the child to attend a recognized school, it 
shall be a defense, but the child shall be deemed a 
juvenile disorderly person within the meaning of 
section 4 of this act.— 7?. S. 535 

Note. Section 4 above referred to is section 74 herein. 

Truant officers. 

1. The compulsory education law applies to children in 
the state between the ages of fourteen and sixteen, who can- 
not read and write the English language, or who are not 

^ 97 



§78, COMPlTLSOPY EDUCATION 

engaged in some regular employment; and therefore truant 
officers of the state are required to act with reference to 
such children, when the circumstances demand, as with chil- 
dren under the age of fourteen; also, county courts are re- 
quired by law to take jurisdiction of such cases. 

Funds of district used to enforce law. 

2. The funds of the school district may be used to pay 
the expenses of procedure when it becomes necessary to 
compel parents to send children to school. 

78. Juvenile disorderly person — commitment — 
term — expense. Whenever a child shall ^ be a juve- 
nile disorderly person within the meaning of this 
act, the truant officer, or any school teacher, or other 
reputable person, may make complaint in the county 
court of the county in which such child resides. The 
county court shall hear and determine such com- 
plaint, and if it is determined that such child is a 
juvenile disorderly person within the meaning of 
this act, he or she shall be committed to a children's 
home, if eligible, or to the boys' industrial school 
or to the girls' industrial school, or to some other 
training school, taking into account the years of the 
child with reference to the institution selected. Any 
child committed to a children's home, on its being 
shown to the judge of said court that it is incorri- 
gible and vicious, may be transferred to the in- 
dustrial school or other proper institution. No child 
committed to any reformatory shall be detained be- 
yond its majority, and may be discharged sooner 
or paroled by the trustees or board of control under 
rules and restrictions applicable to other inmates. 
Any order of commitment may be suspended by the 
judge of the county court during such time as the 
child may regularly attend school and properly con- 
duct itself. The expense of the transportation of 

98 



COMPULSORY EDUCATION §§ 79-80-81 

the child to the juvenile reformatory, and of the 
costs of the case in which the order of commitment 
is made, shall be paid by the county from which the 
child is committed.— 2^. S. 536 

79. Child unable to attend school — relief. When 
any truant officer is satisfied that any child within 
the requirements of this act is unable to attend 
school because required to work at home or else- 
where in order to support itself or help or support 
others legally entitled to its services, the truant of- 
ficer shall report the case to the authorities charged 
with the relief of the poor, who shall thereupon af- 
ford such relief as will enable the child to attend 
school; Provided, That such child shall not be re- 
quired to attend more than three hours a day dur- 
ing school days. In case the child or its parents or 
guardians neglect or refuse to take advantage of 
such provision made for its instruction, such child 
may be committed to a children's home or juvenile 
reformatory, as hereinbefore provided. — R. S. 537 

80. Violation — penalty. Any person who vio- 
lates any provision of this act for which a penalty 
is not herein provided, shall be fined not more than ' 
fifty dollars.— 2^. 8. 538 

81. Second conviction — penalty — trial by jury. 
Every person who, after having been convicted once 
of violating any of the provisions of this act shall 
be convicted a second time of a similar offense, 
may, in addition to the punishment by way of fine 
elsewhere provided for, be imprisoned not less than 
10 days nor more than 30 days; Provided, That in 
all cases arising under this act in which a fine or 

?9 



§ 82 COMPULSORY EDUCATION 

imprisonment may be a part of the judgment, trial 
shall be by jury if not waived.— i?. S. 539 

82. Not apply to districts without accommoda- 
tions. This shall not apply to school districts in 
which there are not sufficient accommodations in 
the public schools to seat children compelled to at- 
tend under the provisions of this act.— ie. 8. 540 



100 



COUNTY SUPERINTENDENT 



83. Election — oath — bond — term of office. There 
shall be elected in each county, at the general elec- 
tion in the year one thousand eight hundred and 
seventy-seven, and biennially thereafter, a county 
superintendent of public schools, who shall take 
office on the second Tuesday of January next suc- 
ceeding that in which such election shall be held. 
He shall hold his office for two years, and until his 
successor shall be elected and qualified. Before en- 
tering upon the duties of his office, he shall take the 
oath prescribed by the constitution, and execute a 
bond payable to the people of the state of Colorado, 
with two or more sureties, to be apjjroved by the 
board of county commissioners, in penalty of not 
less than two thousand dollars, to be increased at 
the discretion of said board, conditioned upon the 
faithful performance of the duties of his office and 
the delivery of all moneys and property as such su- 
perintendent to his successors, which bond shall be 
filed in the office of the county clerk.— i^. 8. 5877 

Qualifications. 

1. In addition to other qualifications, a person to be 
eligible to the office of county superintendent must have 
resided in the' county at least one year preceding his 
election. 

2. If the county superintendent fails to turn over to 
the county treasurer moneys received by him as required 
by law, and also does not turn over to his successor the 
records of the office, the matter should be called to the 
attention of the county commissioners. They may, by law, 
proceed in a civil action for the recovery of any moneys 
due the county. 

101 



§§ 84-85-86 COUNTY SUPERINTENDENT 

3. The county superintendent is also liable upon his 
bond for the improper performance of his duty. 

84. Act till successor qualified. When the term 
of any sheriff, ^ * * or other county officers shall 
expire, as now provided by law, it shall be lawful 
for such officer, whether re-elected or not, and his 
deputies, to continue to perform all the duties of 
such office until his successor shall be duly qualified 
as required by law.— i^. S. 1355 

85. Failure to qualify — vacancy — appointment. 
Should the superintendent-elect fail to qualify as 
aforesaid, or should there occur a vacancy \n said 
office, the board of county commissioners shall at 
their next meeting after such vacancy or failure to 
qualify occurs, appoint an eligible and suitable per- 
son, who shall qualify within ten days after his ap- 
pointment, and who shall continue in office until the 
next general election thereafter. Should such ap- 
pointee fail to qualify, as aforesaid, another appoint- 
ment shall be made in the same manner, until the 
vacancy shall be filled by appointment or election. 

~R. 8. 5878 

86. When office becomes vacant. Every county 
office shall become vacant on the happening of either 
of the following events before the expiration of the 
term of office : 

First — The death of the incumbent. 

Second — His resignation. 

Third — His removal. 

Fourth — His ceasing to be an inhabitant of the 
county for which he was elected or appointed. 

Fifth — His conviction of any infamous crime, 
or any offense involving a violation of his official 
oath. 

102 



COUNTY SUPERINTENDENT § 87 

Sixth — His refusal or neglect to take his oath of 
office, or to give or renew his official bond, or to de- 
posit such oath and bond within the time prescribed 
by law. 

Seventh — The decision of a competent tribunal, 
declaring void his election or appointment.-i^. S. 1359 

87. Classification of counties to regulate sala- 
ries. For the purpose of regulating the amount of 
compensation of county superintendents of schools, 
the counties of the state are divided into seven 
classes as follows: 

The City and County of Denver, El Paso and 
Las Animas Counties shall be the first class ; Pueblo, 
Weld, Boulder, Fremont and Teller Counties shall 
be the second class; ConeJQs, Delta, Garfield, Gilpin, 
Huerfano, Lake, Larimer, Mesa, Montrose, and Otero 
Counties shall be the third class; Chaffee, Clear 
Creek, Douglas, Eagle, Elbert, Jefferson, Gunnison, 
La Plata, Ouray, Eio Grande, Pitkin, Park, Prow- 
ers and Saguache Counties shall be the fourth class ; 
Bent, Custer, Cheyenne, Kit Carson, Logan, Monte- 
zuma, Morgan, Routt, San Miguel and Yuma Coun- 
ties shall be the fifth class; Archuleta, Baca, Cos- 
tilla, Grand, Kiowa, Lincoln, Mineral, Phillips, Rio 
Blanco, San Juan, Sedgwick, Summit and Washing- 
ton shall be the sixth class; Dolores and Hinsdale 
shall be the seventh class. County superintendents 
of schools shall receive the following compensation, 
to be paid quarterly out of the county treasury, to 
wit: In counties of the first class, an annual salary 
of twenty-eight hundred dollars ; in counties of the 
second class, an annual salary of two thousand dol- 
lars; in counties of the third class, an annual salary 

103 



§ 88 COUNTY SUPERINTENDENT 

of twelve hundred dollars ; in counties of the fourth 
class, an annual salary of eleven hundred dollars; 
in counties of the fifth class, an annual salary of 
eight hundred dollars ; in counties of the sixth class, 
an annual salary of five hundred dollars ; in counties 
of the seventh class, an annual salary of one 
hundred dollars ; in all but first and second class 
counties, boards of county commissioners may allow 
mileage not to exceed ten cents per mile for dis- 
tance necessarily and actually traveled in the per- 
formance of duty, not to exceed an aggregate of 
three hundred dollars per annum in any county. 
—R. S. 2575 

Note. Counties of Jackson, Crowley and Moffat are in the 
fifth class for compensation of county superintendent. S. L. '09, 
p. 436; S. L. '11, pp. 281, 520. 

County superintendent not entitled to compensation — wiien. 

a. There is nothing in the law imposing a duty upon 
county superintendents to attend a district normal, and 
the county superintendent who does so is not entitled either 
to mileage or a per diem compensation, although he may be 
a member of the executive committee of the normal district. 
— Stevens v. Sedgtvick Co., 5 C. A. 115 

88. Expenses of county superintendents — office 
hours. The commissioners shall provide him with a 
suitable office at the county seat, and all necessary 
blank books, stationery, postage, expressage and 
other expenses of his office, not otherwise provided 
for, which last mentioned expenses shall be paid for 
from the county fund. He shall keep his office open 
for the transaction of official business such days 
each week as the duties of the office may require. 

—R. 8. 5886 

Necessary expenses. 
1. As to what might be considered necessary expenses 
other than those enumerated, would be a matter for the 
county commissioners to determine. 

104 



COUNTY SUPERINTENDENT § 89 

89. Deputy — how paid. If for any cause the su- 
perintendent is unable to attend to the duties of his 
office, he may appoint a deputy, who shall take the 
usual oath or affirmation of office, and who may ex- 
ercise all the functions of county superintendent, 
but such deputy shall draw no salary from the 
public fund; Provided, That the superintendent may 
receive a per diem for the services of such deputy. 
~R. S. 5879 

Courts interfere with discretion of officer — when. 

a. The statutes vest in the county superintendent of 
schools a large discretion as to the services necessary to be 
performed by him in discharge of his official duty, and when 
he renders an account of his services and mileage to the 
county commissioners made out and verified as required by 
law, no authority exists in the board to reject any item or 
charge upon inspection merely unless it clearly appears 
therefrom that such item is incorrect or illegal; and courts 
are not disposed to interfere with the exercise of mere dis- 
cretional authority as every reasonable intendment is made 
in favor of the acts of public officers who are sworn lo 
perform their official duties correctly so long as they appear 
to be acting in good faith with due care and discretion and 
within the limits of their conceded powers. — Smith v. Jef- 
ferson Co., 10 C. 17 

Deputy county superintendent — pay. 

&. There is no provision of law, except in counties of 
the first class, authorizing the payment of a deputy or 
assistant county superintendent, and the board of county 
commissioners have no discretion in the matter and cannot 
pay for such services from the county funds. — El Paso Co. v. 
Finch, 8 C. A. 401 

Fractions of day not recognized, 
c. The law does not recognize fractions of days, and 
where a public officer's compensation is fixed by a per diem 
for the time necessarily devoted to the duties of his office, 
such officer is entitled to the daily compensation for each 
day on which it becomes necessary to perform any sub- 
stantial official service regardless of the time occupied. — 
8mith V. Jefferson Co., 10 C. A. 17; Garfield Co. v. White, 
16 C. A. 516 

105 



§90 COUNTY SUPERINTENDENT 

Deputy — compensation. 

1. A county superintendent may employ some one to 
do the work incidental to his office, the person thus em- 
ployed to be remunerated by the county superintendent, 
except that in counties of first class such assistant may be 
paid from county treasury. 

2. Deputy county superintendents, except in counties 
of first class, can only receive a per diem, such as may be 
fixed by county superintendent and allowed by the county 
commissioners, and a failure to provide mileage leads to 
the conclusion that it was not intended that deputy super- 
intendents should receive mileage at all. 

3. A county superintendent of a county of the first 
class may employ a deputy, whose salary shall be fixed by 
the board of county commissioners, and who shall be paid 
from the county treasury. 

Deputy not necessarily residerit of county. 

4. Since there is no statutory law requiring the deputy 
or a county superintendent to be a resident of such county 
where there is a joint district practically inaccessible to 
the county superintendent of the one county, but easy of 
access to the county superintendent of the other county, the 
latter can be appointed a deputy of the former for the 
purpose of visiting such school in compliance with the law. 

90. Deputies and assistants of county superin- 
tendent^ — compensation. Deputies and assistants may 
be employed by the sheriffs, county clerks, county 
treasurers, county assessors and county superintend- 
ents of schools, under the direction of the board of 
county commissioners for said counties respectively, 
and clerks of the district court under direction of the 
judge of such court, and shall be paid salaries out of 
the fees, commissions and emoluments of the office 
wherein employed (except employes of county as- 
sessor and of county superintendent, who shall be 
paid out of the county treasury), the compensation 
and time of service to be fixed by the board, the 
selection of said deputies and employes to be made 
by the officer authorized to employ them; Provided, 

106 



COUNTY SUPERINTENDENT §§91-92 

That the provisions of this section relating to the 
cpunty superintendents of schools shall apply only 
in counties of the first class. — R. 8. 2580 

Deputy not necessarily resident of county. 
1. Since there is no statutory law requiring the deputy 
or a county superintendent to be a resident of such county, 
where there is a joint district practically inaccessible to 
the county superintendent of the one county, but easy of 
access to the county superintendent of the other county, 
the latter can be appointed a deputy of the former for the 
purpose of visiting such school in compliance with the law. 

91. County superintendent's annual report. On 

the first Tuesday of September in each year, the 
county superintendent shall make a report to the 
superintendent of public instruction for the school 
year ending June 30 next preceding, which report 
shall contain an abstract of the reports made to him 
by district secretaries, and such other matters as the 
superintendent of public instruction may direct, and 
shall be in such form and upon such blanks as the 
superintendent of public instruction shall furnish. 
The county superintendent shall retain a copy of all 
such reports and file the same in his office. — r. s. 5880 

92. Penalty for failure to report. If the county 
superintendent fails to make a full and correct re- 
port to the superintendent of public instruction, as 
provided by lavr, and shall, after written request or 
notice from the superintendent of public instruction, 
or from the board of county commissioners, delay 
more than ten days after the service of such notice 
to make such report, he shall forfeit the sum 
of one hundred dollars, which sum the board of 
county commissioners may deduct from any money 
due him; said forfeit may, how^ever, be recovered by 
suit, upon his official bond.— ie. S. 5882 

107 



§§ 93-94 COUNTY SUPERINTENDENT 

93. Administer oaths. The county superintend- 
ent shall have power, and is hereby authorized, to 
administer oaths and affirmations to school directors, 
teachers and all other persons in official matters 
relating to schools; but shall receive no fee for so 
doing.— i?. 8. 5883 

94. Duties of county superintendents. It shall 
be the duty of the county superintendent to exercise 
a careful supervision over the schools of his county, 
to visit each school at least once during each quarter 
it is in session, to see that all the provisions of this 
act are observed and followed by teachers and school 
officers; to examine the accounts of the district 
officers to see if such accounts are properly kept, 
and all district funds properly accounted for; to 
keep, in a good and substantial bound book, a record 
of his official acts, and of other matters required by 
law to be recorded; to obey the legal instructions 
and decisions of the superintendent of public instruc- 
tion. He shall ajso keep a record of the registers, 
record books and order books furnished to the sev- 
eral districts of his county; and it shall be his duty 
to hold county teachers' associations whenever, in 
his judgment, the interests of the school work de- 
mand it; the records of the county superintendent's 
office shall be open to the inspection of any citizen 
of the county, and within one week from the close 
of each school year he shall publish in some news- 
paper published in the county, if there be such a 
paper, a statement of the apportionment of school 
funds for the year preceding. — R. S. 5881 

County superintendents sue in official capacity. 
a. County superintendents have the right to sue in 
their official capacity, and may maintain such actions as 
are necessary to the fulfiUment of the duties of their offices; 

108 



COUNTY SUPERINTENDENT § 94 

and to this end may bring an action to restrain a board of 
directors from employing a teacher without a certificate. — 
Catlin V. Christie, 15 C. A. 291 

Electors fix boundaries of new district. 
&. After a petition to organize a new school district 
out of a portion of one or more old districts has been pre- 
sented to the county superintendent, and he is determined 
that the school interests will be best promoted by such 
organization, the sole power to determine the organization 
of such district and the boundaries thereof is vested in the 
electors; and such a district cannot be organized, or its 
proppsed or established boundaries changed by the board 
of directors, the county superintendent, or the state board 
of education. — People v. VanHorn, 20 C. A. 215 

^ale of school house — when void, 

1. A sale of a school house, unless authorized by vote 
of the electors of the district, is void and may be set aside 
in the proper proceedings instituted by any elector of the 
district or by the county superintendent. 

Separate reports sent — to whom. 

2. In a district where there are two schools, the dis- 
trict teachers should send in separate reports to the county 
superintendent and secretary. 

County superintendent may teach. 

3. There is nothing in the school law of this state to 
prevent a county superintendent from teaching in his county 
on account of his holding that ofiice. 

County superintendent not entitled to salary as secretary. 

4. The law provides that the county superintendent 
shall be ex-officio a member and secretary of the county 
high school committee; and therefore, all services performed 
by him as said secretary is by virtue of his office of county 
superintendent and for which he is entitled to no further 
compensation than his salary as superintendent. 

Duties. 

5. It is necessary to publish the apportionment made 
to each district in some newspaper published in your county 
within one week of the close of each school year. 

6. More than any other person, the county superin- 
tendent is the one to look after that portion of the school 
fund arising from fines, forfeitures, etc. (Section 177 
herein.) He should examine the books of the county treas- 

109 



§ 94 COUNTY SUPERINTENDENT 

urers, records and fee books of justices of the peace and 
clerks of courts, to ascertain whether or not the fines have 
been collected, and if collected, whether they have been 
placed to the credit of the proper fund and paid over. 

Can refuse examination papers from another county. 

7. Neither the state superintendent of public instruc- 
tion nor the state board of education have the power to 
compel a county superintendent to recognize examination 
papers prepared under the supervision of the county super- 
intendent of another county, as this is a mere matter of 
comity. 

Illegal expenditure of funds — protest — suit to recover. 

8. Any elector of the district or the county superin- 
tendent of the county, through legal process, may prevent 
the board from paying out money as wages to a teacher 
when she does not possess the necessary certificate. 

9. The county superintendent has the right and it is 
his duty to protest against the registering of a school war- 
rant when he has reason to suspect fraud, and if he has 
proof of fraud in connection with the warrant, he has the 
same right as an elector of the district to bring proceedings 
to stop the payment of the warrant. 

10. When funds are used in violation of the law, any 
elector of the district or any county superintendent has the 
right at any time after said funds have been so used, to 
bring suit to recover the same, the members of the school 
board that signed the illegal warrants being liable for the 
amount involved. 

Powers. 

11. The county superintendent's signature is of no 
legal value in drawing warrants. 

12. As between school directors and the county super- 
intendent, the latter has advisory powers only in arranging 
course of study, selection of books and grading of schools. 

13. A county superintendent has the right to demand 
the resignation of any member of a school board who per- 
sistently violates the law, and the superintendent or any 
elector of the district has the right to institute proceedings 
for the same purpose, but the courts alone have power to 
remove such officer. 

14. Where a county superintendent calls a county insti- 
tute or teacher's association, he has not the right to rule 
that the district must pay the teacher the same as if she 
had taught school, although the school board has the right 

110 



COUNTY SUPERINTENDENT § 95 

to allow the teacher such time and pay her for it upon 
request of the county superintendent, but the authority in 
the matter rests with the district board. 

15. The county superintendent is not authorized by 
law to apportion from the general school fund a per capita 
amount to a district high school for the pupils attending 
from other districts. 

16. If the board of directors of a district refuse to 
grant a school, the county superintendent would have no 
power to compel it to do so. 

17. If the school board is not informed as to cases of 
truancy, it is the duty of the county superintendent to take 
the matter up with the board. 

18. It is not only the right but the duty of a county 
superintendent to visit the schools of a joint district. She 
would have equal right, in the criticism of the school, with 
the county superintendent in whose county the school house 
was located. 

19. It is not within the power of the county superin- 
tendent to declare an election illegal, as it is the function of 
the courts to determine that matter. 

20. The county superintendent cannot serve as a 
member of a school board, for the general rule of law is 
that one person can not hold two offices that are incom- 
patible. 

21. By section 195 herein, the county superintendent 
becomes ex-officio secretary of the county high school com- 
mittee, and by section 207 becomes ex-officio a member of 
the union high school committees. 

95. Appoint directors. The county superintend- 
ent shall appoint directors for any district which 
fails to elect, as provided in section 44, and shall fill 
vacancies that may occur in any board of directors 
by reason of death, removal from office or from the 
district, resignation or otherwise, except in the 
boards of directors of districts of the first class, and 
the officers so appointed shall hold office only until 
the ensuing regular election. — R. s. 5884 

Note. Section 44 above referred to is section 142 herein. 

Vacancies on 'board— how filled. 
1. The appointment of persons to fill vacancies in dis- 
tricts of the second and third classes is solely with the 

111 



§ 96 COUNTY SUPERINTENDENT 

county superintendent. If a director is absent from his 
district 30 consecutive days, it is a valid reason for ap- 
pointing his successor in office. 

2. Where a division of a school district places a mem- 
ber of the school board in the new district it works a 
vacancy in the board of the old district, and does not make 
such person a member of the board in the new district. A 
full board must be chosen in the new district and all vacan- 
cies in the old district filled by appointment made by the 
county superintendent. 

3. Vacancies in school boards of the second and third 
classes must be filled by appointment made by the county 
superintendent, and the person so appointed holds the posi- 
tion until the next annual school election. 

First class districts. 

4. The statutes give boards of directors of districts of 
the first class the entire authority to declare and fill vacan- 
cies, and with that authority, by necessary implication, 'goes 
the authority to declare vacancies, excluding the idea that 
a county superintendent may have that authority. The 
county superintendent has no right whatever to hold that 
a vacancy exists in the board of a district of the first class 
until such vacancy has been declared by the board itself, or 
by the courts. 

.Failure to hold annual election. 

5. In case a school district has not held its annual 
meeting to elect officers and vote a tax and a special elec- 
tion is not called v/ithin ten days, it becomes the duty of 
the county superintendent to appoint to the vacant posi- 
tions, and the duty of the county commissioner to levy the 
tax for the district. This is in accordance with the latter 
part of section 379 of the school law. 

\» Director must reside in district. 

6. The law requires that a person who desires to be a 
candidate for a school director must reside in the district, 
and it necessarily follows that, in order to remain such 
director after election, he must continue to reside therein; 
and when he permanently removes from his district, he 
ceases at that instant to be a director. 

96. Boundaries of school districts — record — pre- 
pare maps. It shall be the duty of the county su- 
perintendent to ascertain the boundaries of each 

112 



COUNTY SUPERINTENDENT § 97 

school district in his county, and to make and keep 
a record of the same in a suitable bound book, 
which record shall show definitely the boundaries 
of each district. In case the boundaries are found 
to be conflicting or incorrectly described, he shall 
harmonize the same and make a report of such ac- 
tion to the board of school directors whose districts 
are affected thereby. District officers shall have ac- 
cess to such records for the purpose of examination, 
making copies, or for other legitimate purposes. 
The county superintendent shall prepare, or have 
prepared, a map of the county, showing the correct 
boundaries of the districts.—^- ^- ^^85 

Recording boundaries ministerial duty. 
a. The recording by the county superintendent of a 
description of the boundaries of a newly organized school 
district and preparing a map of the same is purely a minis- 
terial duty, and may be enforced by a writ of mandamus. — 
People V. YanHorn, 20 C. A. 215 

Boundaries of district. 

1. District boundaries can only be established as^ speci- 
fied in the school law; they cannot be fixed by agreement 
on the part of members of the school boards. 

2. A county superintendent has not the right, after 
boundaries are established in a new district, to record 
"amended boundaries" for all the districts, upon his own 
motion, changing them from what they were at first. 

97. County superintendent compare census list 
— ascertain number of blind and deaf mutes. The 

census list of the several districts shall be carefully 
examined and compared by the county superintend- 
ent, and if ihe name of the same person be found 
upon more than one list he shall strike said name 
from all lists except that of the district in which 
such person was residing in good faith on the 10th 
day of April (February) aforesaid. The residence 

113 



§ 97 COUNTY SUPERINTENDENT 

of an unmarried person of school age shall, in all 
cases, be held to be identical with the bona fide 
residence of the parent or guardian of such person ; 
Provided, That such parent or guardian be a resi- 
dent of the state. If the county superintendent find 
upon any census list the names of any persons who 
he believes were not residents in good faith of such 
district, as aforesaid, he shall notify the secretary 
certifying the list, and if said secretary shall not 
establish the correctness of the list within fifteen 
days after such notification, such names shall 
be stricken from the list. At the time of taking the 
annual census, the secretary shall use reasonable 
diligence to ascertain the number of blind and deaf 
mute persons resident in the district, between the 
ages of four and twenty-two years, with the name 
and postoffice address of each. Said items shall be 
embodied in his annual report to the county super- 
intendent.— i?. S. 5939 

Note. Time of taking census changed to February by sec- 
tion 115 herein. 

Note. County superintendents report on June 1 in each year 
to superintendent of school for deaf and blind the names of per- 
sons in their counties entitled to admission to such school, sec- 
tion 277. 

Note. Census defined, section 242. 

Residence defined. 

1. The word "residing," as used in section 240, has ref- 
erence to a permanent residence, and a person's permanent 
residence is his voting place. 

2. If persons spend .the winter in town, voting in the 
town in the fall and return to their homes in another dis- 
trict less than thirty days previous to a schoo! election, they 
are not entitled to vote. 

3. That place is considered the residence of a person 
in which his habitation is fixed, and to which, whenever 
absent, he has the intention of returning; so a person should 
not be held to have lost his residence on account of leaving 

114 



COUNTY SUPERINTENDENT § 97 

home and going into another county or state for temporary 
purposes merely, with the intention of returning. 

4. Residence under the school law means a person's 
real home, not a temporary abiding place; and when people 
move into a town with children at the beginning of school, 
expecting to return to their former home at the close, they 
cannot claim residence, and the school board has a right to 
charge tuition. 

5. If a family move into a school district for school 
purposes, and during the school year remove therefrom, they 
are not residents of such district, within the meaning of the 
school law. 

6. If a person is holding a homestead claim in good 
faith, his residence is in the school district in which the 
homestead is located. 

7. The fact that a person pays taxes in two counties 
does not give him the right to send children to school in 
both counties; as a person's residence can only be in one 
place, the permanent home determines the proper school dis- 
trict. 

8. It would not be legal to enroll the persons of school 
age belonging to the state industrial school in Jefferson 
county upon the census lists of the school districts where 
the schools are located, providing such persons have a resi- 
dence elsewhere. The names of such persons would appear 
upon the census lists and would draw from the general 
school fund for the benefit of the districts in which is their 
true residence, and the state makes its own special provision 
for the education of such persons in the industrial schools. 

Children's residence, where. 

9. In the case of a family residing in good faith upon a 
homestead on the 10th day of February, for the purpose of 
proving up on the same, the children of school age should 
be listed in the district in which the homestead is located, 
although the family, for the purpose of attending school, 
may reside during school months in another district. How- 
ever, if the parents vote in the latter district, they are not 
residing upon the homestead in good faith, and in such case 
the children should be listed in the district where the 
parents vote. 

10. If the mother votes in a certain district, living 
there with the children, that would be her residence, and 
the children should be enrolled in such district. 

11. In the case of families living in one school district, 
but sending children to school in another district, the chil- 
lis 



§ 98 COUNTY SUPERINTENDENT 

dren must be listed to the district in which the parents 
reside. 

12. A child who is living with a bona fide resident of a 
district, and dependent upon such resident for a living, is 
entitled to attend school in such district free, though the 
parents of such child are living in another district. 

13. If parents own no home in a particular district, but 
rent while the children go to school, and return to a ranch 
which they own in another district as soon as school is out, 
the district in which the ranch is located should enroll the 
children upon the census list. 

Minor's residence, where. 

14. An unmarried person under twenty-one can claim 
residence where the parents reside, whether absent from 
home at school or at work. 

15. An emancipated minor has a right to declare his 
residence, and is entitled to all the school privileges of the 
district of which he is a dona fide resident. 

16. Deaf mutes and blind persons between the ages of 
six and twenty-one should be included in the school census. 

Renter's residence, where. 

17. If renters renting by the year, and having no other 
home, send children to school, the district in which they are 
residing in a rented house should enroll the ichildren. 

18. If renters rent by the month, leaving when school 
is out, and having a fixed home elsewhere, the children 
should be enrolled in the district where the fixed home is 
located; but if they have no home elsewhere, although leav- 
ing when school is out, the children should be enrolled in 
the district where they rent. 

Retain residence, how. 

19. A person may retain his residence in a district if, 
at the time of leaving the district, it was his intention to 
return. 

98. Apportionment of county school fund. The 

county superintendent shall apportion the general 
school fund of the county among the several school 
districts in accordance with the provisions of sec- 
tions seventy-two and seventy-three of this chapter, 
quarterly, to-wit : On the first Monday in January, 
April, July and October, in each year, and he may | 

116 



COUNTY SUPERINTENDENT § 99 

apportion the same at other times if there be suffi- 
cient money in the treasury to require it. He shall 
certify each apportionment promptly to the county 
treasurer, and shall also notify the secretary of each 
district of the amount placed to the credit of 
his district.— i^. S. 5888 

Note. Sections 72 and 73 above referred to are sections 99 
and 100 herein. 

Counties own general fund until wiien. 
a. The co'unties, and not the school districts, are owners 
of the general school fund until, at least, it is accredited to 
the several districts. — Cooke v. School Dist., 12 C. 453 

Transfer of funds. 

1. If territory is added to a district after the annual 
census has been taken, the names of persons of school age 
residing therein should be added to the census list and the 
district given its per capita for such additional names. 

Basis of apportionment. 

2. According to the school law the county superin- 
tendent apportions the general fund among the districts 
according to the number of persons of school age, as shown 
by the census lists and reports of the districts for the school 
year immediately preceding, and what the per capita will 
be depends upon the amount of funds in the treasury and 
the number of children within your county. 

99. Apportionment of school fund — basis. In 

apportioning the general fund, as directed in section 
nineteen of this chapter, the county superintendent 
shall base the July apportionment, in each year, on 
the census lists and reports of the secretaries of the 
several districts for the school year next preceding, 
and he shall base all apportionments on said lists 
and reports for a period of one year, except in 
the case of the apportionment to new districts, as 

provided in section thirty-two of this chapter. 
—R. S. 5889 

Note. Sections 19 and 32 above referred to are sections 98 
and 140 herein. 

117 



§ 100 COUNTY SUPERINTENDENT 

For neiD district. 
1. In regard to the distribution of funds upon the crea- 
tion of a new district, a ruling or decision of the county 
superintendent should be taken thereon, and if interested 
parties are not satisfied*an appeal can be taken, as provided 
in the school law. 

100. Apportionment according to number of 
school age. The county superintendent shall appor- 
tion the funds aforesaid among the districts entitled 
to the same, according to the number of persons of 
school age, as shown by the census lists and reports 
of the several districts for the school year imme- 
diately preceding, as provided in section sev- 
enty-two.— i^. /Sf. 5890 

Note. Section 72 above referred to is section 99 herein. 

Apportionment in case of removal. 
1. The laws do not permit the transfer of the per capita 
in case of pupils being listed in one district and immediately 
moving to an adjoining district. 



118 



COUNTY TREASURER 



101. Duties of county treasurer. It is hereby 
made the duty of the county treasurer in each 
county, to keep a separate account with each school 
district in his county, to place to the credit of each 
the amount of money as certified to by the county 
superintendent, as- provided in section nineteen, and 
to pay over the money so collected, upon the presen- 
tation of the legally-drawn warrants or orders of 
the district officers entitled to draw the same; Pro- 
vided, That if the county superintendent shall notify 
the county treasurer, in writing, that there has 
been a failure on the part of any board of directors 
to comply with the law, and that said money should 
be withheld from said board of directors, he shall 
retain the same until further notice from the county 
superintendent; on or before the 5th day of July 
in each year, he shall render, to the county super- 
intendent of schools, a statement of the receipts and 
disbursements on account of the several districts, 
of all the school funds which have passed through 
his hands during the school year next preceding, 
and at the same time he shall render to each district 
secretary a statement of receipts and disbursements 
of such district. All money which shall become for- 
feited by any district shall be put into the general 
school fund, and be re-apportioned as other moneys. 
—R. S. 5900 

Note. Fees for collecting taxes, section 109 herein. 

Note. Report fines collected, section 151 herein. 

Note. Section 19 above referred to is section 98 herein. 

X19 



§ 101 COUNTY TREASURER 

Counties own general fund until when. 
a. The counties, and not the school districts, are 
owners of the general school fund until at least it is ac- 
credited to the several districts — Cooke v. School District, 
12 C. 453 

Legal custodian of school funds, 

1. The county treasurer is the only legal custodian of 
the school funds. The district treasurer has no legal right to 
hold in his possession any of the general, special or bond 
fund, nor have the directors of a school district any legal 
right to issue orders on the county treasurer, except in 
favor of those parties to whom the district is legally in- 
debted. In the payment of school bonds, the district treas- 
urer has control of the funds only during the times of 
advertising and subsequent payment. 

2. Funds of first class districts must remain in the 
hands of the county treasurer and be drawn upon through 
warrants made out by the district board, as in districts of 
the third class. The law makes no provisions for the hand- 
ling of the funds. 

Keep account school funds. 

3. The law does not require the county treasurer to 
keep several accounts of the special fund of a district. 

4. A county treasurer can legally pay only such war- 
rants as are issued against the school fund of the current 
year. 

5. All moneys remaining to the credit of any district 
on June 30 should remain to the credit of such district and 
can not be turned into the general school fund of the 
county for reapportionment. 

Penalties — fines. 

6. As a rule the money for schools derived from fines, 
penalties, etc., should be turned into the general school fund 
of the county unless otherwise expressly provided by stat- 
ute, rather than into that of a particular district; although 
fines assessed by justices of the peace may, in some cases, 
go to the credit of the school district in which the action 
occurred. 

7. The county treasurer is responsible if moneys are 
turned into the wrong fund by him. It is his duty to place 
money collected from fines, forfeitures, etc., to the fund 
designated by law. 

120 



County treasurer §§ 102-103 

102. County treasurer certify moneys to county 
superintendent — pay over — failure — penalty. The 

county treasurer shall, on or before the first day of 
January, April, July and October, of each year, cer- 
tify the amount of said tax which shall have been 
collected, and the amount of any other county 
school money, then in the county treasury, to the 
county superintendent, and shall render him a state- 
ment of the amount uncollected. The amount un- 
paid shall be collected at any subsequent time, as 
delinquent taxes, are collected, and shall be cer- 
tified to the county superintendent, as aforesaid. 
Should the treasurer fail at any time to pay over 
the tax, as herein provided, he shall forfeit the sum 
of one hundred dollars, and double damages, to be 
collected on his official bond; suit to be brought by 
the county superintendent, for the benefit of his 
county [school fund].— i^. ^. 5899 

Note. County treasurer pay school warrants or orders, sec- 
tions 100, 101, 103. 

103. Treasurer keeps separate accounts — war- 
rants. It shall be the duty of the county treasurer 
to open and keep separate accounts with each 
school district in his county, and hold the funds of 
each district, subject to the legal warrants of the 
president, as provided by section 53 of this chap- 
ter. If the legal warrant of any school district in 
his county be presented to the county treasurer 
when there are no funds in his hands- to the credit 
of the district fund against which the warrant is 
drawn, he shall endorse such warrant ^^No funds,'' 
and said warrant shall draw interest from the date 
of such endorsement at the same rate as county 
warrants in like condition. The treasurer shall keep 

121 



i 103 COUNTY TREASURER 

a list of all warrants so endorsed, and shall pay 
them whenever there is sufficient money to the credit 
of the proper fund in the order of such endorsement. 
The interest on such warrants shall stop when the 
treasurer shall give notice that he has funds to pay 
the same ; Provided, It shall not be lawful for the 
officers of any district to issue warrants at any time 
in an amount in excess of the tax levy for the cur- 
rent year.— i?. s. 5901 

Note. Duties of county treasurer, in matters of school 
funds, section 101. 

Note. See following section as to time of payment. 
Note. Section 53 above referred to is section 114 herein. 

Legal notice. 

1. A legal notice, under this section, is a publication 
for twenty days in some newspaper, published at the county- 
seat of such county. 

Warrants. 

2. The total amount of school warrants issued must 
not exceed the amount of tax levy for the current year. The 
''current year" is identical with the fiscal year, beginning 
December 1st and ending November 30th. Warrants in 
excess of revenue for current year are void. 

3. "It shall not be lawful for the oflacers of the district 
to issue warrants at any time in any amount in excess of 
the tax levy for the current year." 

4. The words "tax levy" must be construed to mean 
"the revenue of the district," including the county fund, the' 
state fund and the fees derived from fines and penalties. 

5. If a school district, on account of some unforeseen 
casualty or expense, or for some unexpected failure of rev- 
enue, should incur an expense in excess of the revenue, it 
would be its duty to levy a sufficient amount of tax the 
following year to pay such indebtedness, in addition to its 
expenses for said year. 

G. "No warrants can be issued in excess of the revenue, 
but a certificate of indebtedness should be issued, payable 
out of the revenues of the succeeding year, and it would 
be the duty of the board during the succeeding year to 
draw a warrant for its payment." 

122 



COUNTY TREASURER §§ 104-105 

7. When school district warrants are sold at a bank 
or elsewhere and a discount is charged, the holder of the 
warrant must bear the loss. It is not legal for the school 
board to make up the discount. 

8. In regard to the method of raising money to build 
a school building, the law prohibits the issuing of warrants 
in excess of the revenues of the district for the current 
year; therefore an arrangement for issuing warrants pay- 
able in one, two and three years, the qualified voters to vote 
a levy to be collected in one, two and three years to pay 
the warrants, would not be legal. The voters have no 
authority to vote a levy except for the current year. 

9. A teacher having agreed upon a stipulated salary, 
can receive the same only by warrants drawn by the district 
secretary and must take them for what they are worth. 
It would not be proper for the board to make up any dis- 
count thereon by an additional warrant. The board might 
however increase the salary at a regular meeting so as to 
cover such deficiency. 

10. A county treasurer can legally pay only such 
warrants as are issued against the school fund of the 
current year. 

104. County treasurer cancel all paid school or- 
ders. That it shall be the duty of county treasur- 
urers to cancel all paid school orders, with a proper 
cancelling stamp, showing the date of payment. 
—R. 8. 5902 

School orders cancelled when paid. 

1. Sections 108 and 118 herein provide that school 
orders, when paid by the county treasurer, shall be stamped 
as cancelled and returned to the school district treasurer, 
who shall send with the same the proper blank upon which 
due receipt may be made. 

105. County treasurer render quarterly state- 
ment to school board. That it shall be the duty of 
county treasurers to render to the secretary of each 
board of school directors, quarterly, an itemized 
statement of account of their respective district, 
showing : 

123 



§§ 106-107-108 COUNTY TREASURER 

(a) The numbers and amounts of all orders 
paid and charged against the accounts of the re- 
spective districts; 

(b) The amounts of money received and cred- 
ited to the accounts of the respective districts ; 

(c) The balance due said district at the end of 
each quarter.— ie. s. 5903 

106. Pay school orders as registered. It shall 
be the duty of the county treasurer of each county 
in this state, when there are sufficient funds to the 
credit of any school district, or to the credit of any 
school fund of any such district, to pay in full the 
principal and interest of any orders which may be 
on such fund, in the order of their registration, and 
if at any time there shall be $200 in the hands of 
such treasurer, to the credit of any such fund, it 
shall be, his duty to cause to be published in some 
newspaper published at the county seat of such 
county, for twenty days, a notice that certain school 
orders (describing same by numbers and amounts) 
will be paid upon .presentation, and at the expira- 
tion of said twenty days' advertisement such orders 
shall cease to bear interest. — R. S. 1326 

107. County treasurer furnish blanks to district 
board. That the said county treasurers shall enclose 
with each quarterly statement, a proper blank upon 
which the secretary of each respective board of di- 
rectors may report to their county treasurer that 
said canceled orders and statements have been re- 
ceived and found correct.— i^. ^. 5904 

108. Failure to publish call — penalty. When- 
ever the treasurer of the state of any county, city, 
town or school district shall have in his hands any 

X24 



COUNTY TREASURER § 109 

moneys applicable to the payment of any state, city, 
town, county or school district warrant, and shall 
fail or neglect for thirty days to publish a call as 
provided by law for the presentation and payment 
of warrants, he shall be deemed guilty of a misde- 
meanor and, upon conviction, shall be liable to a fine 
not less than ten nor more than three hundred 
dollars.— J^.^M826 

109. Treasurer's fees — school taxes. The county 
treasurer shall charg-e and receive the following fees 
and commissions : ^ ^ ^ ^ * ^ 

Upon all school taxes in counties of the first 
class, one per cent. ; in counties of the second class, 
one per cent.; in counties of every, other class, one 
per cent, on school taxes, and two per cent, on 
town and city taxes. * * * _i^. s. 2537 



125 



DIRECTORS 



110. Directors — classification of districts — elec- 
tion. There shall be elected in each school district 
in the manner prescribed by statute a board of di- 
rectors. The number of members that shall consti- 
tute such board of directors shall be determined 
as follows: The school districts shall be classified 
into first, second and third classes. Districts con- 
taining a school population of one thousand or more 
shall be denominated districts of the first class ; dis- 
tricts containing a school population of less than one 
thousand and more than three hundred and fifty 
shall be denominated districts of the second class; 
and districts containing a school population of three 
hundred and fifty or less shall be denominated dis- 
tricts of the third class. 

At the regular election in 1913, as provided by 
statute, and every six years thereafter, there shall 
be elected by ballot in all districts of the first class, 
two directors ; and at the regular election in 1915, 
and every six years thereafter, two directors ; at the 
regular election in 1917 and every six years there- 
after, one director. The term of office of all direct- 
ors in said school districts of the first class shall be 
six years and until their respective successors shall 
have been elected and qualified. 

Boards of directors and boards of education of 
districts of the first class shall, at the first meeting 
after such election, elect a president, a secretary 
and a treasurer, each of whom shall hold office for 
the term of two years, and until their respective 

126 



Directors § no 

successors are elected and qualified; Provided, That 
in districts of the first class the president shall be 
a member of the board. The secretary and treas- 
urer may or may not be members of the board. 

In districts of the second and third classes the 
board shall consist of three directors, a presi- 
dent, a secretary, and a treasurer, one of whom shall 
be elected annually for a term of three years on 
the first Monday in May, and notice for such elec- 
tion when posted shall specify the name of the of- 
fice to be filled and the length of term; Provided, 
That, at all school elections held after the passage 
of this act, the length of term shall be so specified 
that the term of the president shall expire in 1914 
and every three years thereafter; that of the 
treasurer shall expire in 1915 and every three years 
thereafter; and that of the secretary shall expire 
in 1916 and every three years thereafter. 

In districts of the first class and second class 
the boards, after organization, shall exercise all the 
power given to the electors of school districts of 
the third class as specified in section 5955 of the 
Revised Statutes of the State of Colorado of 1908. 

—S. L. '11, p. 587 

Note. Section 5955 above referred to is section 148 herein. 

Note. **No person except a qualified elector shall be elected 
to any civil or military office in the state." — Colo. Const., Art. 
VII, § 6. 

First class districts — directors — when elected. 

Note. Section 142 herein provides that the regular election 
for electing members of school boards in first class districts shall 
be held biennially on the first Monday in May, 1911, and section 
110 provides that at the regular election in 1913, and every six 
years thereafter, there shall be elected two directors; in 1915, 
and every six years thereafter, two directors; in 1917, and every 
six years thereafter, one director; and that the terms of office 
of all directors of first class districts shall be six years. This 

12/ 



i 110 DIRECTORS 

means that the vacancy occurring by the expiration of the 
present five-year-term director, expiring in 1912, must be filled 
by the board until the regular election of 1913, at which time 
another five-year term will have expired. Two directors can 
then be elected for six years, in accordance with present law. 
In 1914 another five-year term expires, to be filled by the board 
until the regular election of 1915, when another expires, and two 
members can be elected for six years. In 1916 the last five-year 
term expires, and the vacancy must be filled until the regular 
election of 1917, when the fifth member of the board is elected 
for six years. 

Directors — second and third class districts — election. 
Note. Prior to the enactment of section 110 herein second 
and third class districts were grouped under three general heads, 
on account of the fact that like officers were elected in different 
years. This classification will no longer exist after 1913, as the 
present law provides that the term of the president in all second 
and third class districts shall expire in 1914; that of the treas- 
urer in 1915, and that of secretary'' in 1916. Until the election of 
1914, however, the various officers should be elected in the dif- 
ferent groups at the general school election in the years and for 
the periods of time, as follows: 

In the first group, organized prior to March 20, 1877, in 1912, 
a president for two years; if a vacancy in office of treasurer, a 
treasurer for three years; if a vacancy in office of secretary, a 
secretary for one year. In 1913, a treasurer for two years; if a 
vacancy in office of president, a president for one year; if a 
vacancy in office of secretary, a secretary for three years. 

In the second group, organized between March 20, 1877, and 
April 4, 1887, in 1912, a secretary for one year; if a vacancy 
exists in office of president, a president for two years; if a 
vacancy in office of treasurer, a treasurer for three years: In 
1913, a president for one year; if a vacancy in office of treasurer, 
a treasurer for two years; if a vacancy in office of secretary, a 
secretary for three years. 

In the third group, organized since April 4, 1887, in 1912, a 
treasurer for three years; if a vacancy in office of secretary, a 
secretary for one year; if a vacancy in office of president, a pres- 
ident for two years: In 1913, a secretary for three years; if a 
vacancy exists in office of president, a president for one year; 
if a vacancy in office of treasurer, a treasurer for two years. 

In new districts a board elected at other than a general 
election holds over until the regular election, at which time a 
president shall be elected whose term expires in 1914, a treas- 
urer whose term expires in 1915. If such regular election is in 
1912, a secretary for one year only; but if such election is in 

128 



DIRECTORS § 1X0 

1913 or later, a secretary should be elected whose term expires 
in 1916, or every three years thereafter. 

Mandamus against school district. 
a. In an action of mandamus against a school district 
and the individual directors to compel them to admit pe- 
titioner to the office of director, to which he claims to have 
been elected, the school district has no interest in the con- 
troversy and is not injured by the judgment in petitioner's 
favor. — School District v. Flanigan, 28 C. 431. 

» Director — who may 'become. 

1. The length of residence required in Colorado to 
constitute eligibility to the office of school director is twelve 
months. 

2. The fact that an elector is not a taxpayer does not 
disqualify him from holding office, either by election or by 
appointment. 

3. The fact that two members of a school board are 
of one family, and the further fact that another member 
became a resident of the district for the sole purpose of 
becoming an officer, so long as he is an actual resident, 
would not affect the regularity of the organization of the 
board. 

4. There is nothing in the lavs of Colorado to prevent 
a person who fills the office of district judge from also 
filling that of school director, -the two offices belonging to 
an entirely different class. 

5. The mayor of a town may also legally hold the 
office of school director, inasmuch as the duties of mayor 
and school director do not conflict. 

6. The county superintendent cannot serve as a mem- 
ber of a school board; for the general rule of law is that 
one person cannot hold two offices that are incompatible. 

No vice-president authorized. 

7. There is no provision of law authorizing the elec 
tion of a vice-president in any class district. 

Witness fees not allowed. 

8. School directors are not legally entitled to witness 
fees in a case where the district is a party. 

Secretary and treasurer — offices distinct. 

9. The law makes distinct specifications in regard to 
the separate offices of secretary and treasurer in a first 
class district, making those offices as distinct as in third 
class district, where " different persons must be elected as 
to the two offices. The business of the district could not 

129 



§ 111 DIRECTORS 

be legally transacted with one person acting in the two 
capacities. 

Ill, Directors qualify within twenty days — va- 
cancies — treasurer's bond and report — oath of office. 

The directors shall each, within twenty days after 
his or her election, appear before some officer 
authorized to administer oaths, and take oath that 
he or she will faithfully perform the duties of his 
or her office required by law, which oath shall be 
filed with the county superintendent; and, in case 
of failure so^to qualify, his or her office shall be 
deemed vacant, and the county superintendent shall 
appoint a suitable person, who shall qualify imme- 
diately. If the amount of money liable to come 
into the hands of the treasurer, in the discharge of 
his official duties, exceed twenty dollars at any 
one time, he shall be required to give bond in double 
the amount of money liable to come into his hands, 
said bond to be approved by, and filed with, tbo 
county superintendent. The directors-elect shall 
take office immediately after qualifying, as afore- 
said; Provided, That any district treasurer, who 
shall refuse to give bond as above, when required 
to do so by the other members of the board, shall 
be disqualified from receiving any money on district 
account until a satisfactory bond is executed. The 
oath of office required in this section may be ad- 
ministered by a president of a school board; and 
it is hereby made the duty of the district treasurer 
of all first class districts to publish, semi-annually, 
in some newspaper published within the county 
wherein such district may be located, a comple 
and full report of all receipts and expenditures of 
the said district's funds.— i^. >Sf. 5922 

130 



e 



DIRECTORS §111 

Oath of directors. 

1. All school directors are required by law to file an 
oath of office with the county superintendent. This applies 
to all districts in .Colorado, including those organized in 
cities existing under a special charter. 

2. The term of office of a school director does not 
extend until his successor is duly elected and qualified, but 
expires with the annual school election day at the close of 
the term for which he was elected or appointed. 

3. Failure of a school director to file oath within the 
time required by law does not create a vacancy in the office; 
Provided, he has taken the required oath before the proper 
officer within the required time. 

4. The secretary of a school district of the second or 
third class cannot administer the oath of office to the presi- 
dent. The oath may be administered by the president of 
any school board, or by the county superintendent and, of 
course, by any person such as notary public, justice of the 
peace, etc., qualified by law to administer oaths. 

5. It is lawful for a president of one school district to 
administer the oath of office to the board of another school 
district. 

Directors qualify in twenty days. 

6. The law provides that the directors shall qualify 
within twenty days after their election, and as there 
is no provision that directors who are elected to succeed 
themselves shall not file a new oath of office, such oath 
should be filed. 

7. A person elected to the office of director of a school 
district cannot legally qualify after the expiration of twenty 
days from election. By operation of the law, in case of 
failure of the director-elect to qualify within twenty days, 
the office becomes vacant, and the county superintendent 
should fill the vacancy. 

Vacancies- — how filled. 

8. Vacancies in the board of directors in districts of 
the second or third class, through failure to qualify, or 
through absence from the district, death, resignation, re- 
moval or otherwise, are to be filled by appointment of the 
county superintendent until the ensuing regular election, at 
which time the vacancies shall be filled for the unexpired 
terms, not for regular full terms. 

9. To fill a vacancy on the school board in a joint dis- 
trict, the county superintendents of such district should 

131 



§§ 112-113 DIRECTORS 

confer, since their duties are joint and equal in such dis- 
trict, and appoint as a member of the board some one living 
in the district who would prove satisfactory to both 
counties. 

Bond of directors. 

10. A county superintendent is the proper person to 
approve of the official bond of a school director, and if a 
person elected to that office cannot give a satisfactory bond, 
it works a vacancy in the board after twenty days from his 
election. 

11. A county superintendent has authority to require a 
district treasurer to give bond in double the amount of 
money liable to come into his hands, if such amount ex- 
ceeds twenty dollars. 

Directors must reside in district. 

12. The law requires that a person who desires to be 
a candidate for a school director must reside in the district, 
and it necessarily follows that in order to remain such 
director, after election he must continue to reside therein, 
and when he permanently removes from the district he 
ceases at that instant to be a director. 

112. Regular meetings of board — special — ad- 
journed. The regular meeting of each board shall 
be held on the last Saturday of March. June, Sep- 
tember and December. The board may, however, 
hold such other regular, special or adjourned meet- 
ings as they may from time to time determine, or 
as may be specified in their by-laws.— i?. 8. 5923 

Meeting place — notice of meeting. 

1. If the school board chose to revoke its rules con- 
cerning the place where a school meeting must be held, it 
would have a right to do so. 

2. A meeting of a school board cannot be properly held 
unless reasonable notice has been given to all members. 

SPECIAL DISTRICT MEETINGS. 

113. Special meetings in districts of third class; 

In any district of the third class, the board of di- 
rectors may at any time call a special meeting of 

132 



DIRECTORS § 113 

the electors of such district, for any of the purposes 
specified in section sixty-two of this act, and it shall 
be their duty to call such meeting if petitioned so 
to do by ten legal voters of the district. Notices, 
specifying the time, place and object of such meet- 
ing, shall be posted in three public places, one of 
which shall be at the place of meeting, at least 
twenty days prior to the time of holding such 
meeting.— ie. S. 5954 

Note. Classes of districts — election of directors, section 110. 
Note. Section 62 above referred to is section 148 herein. 

Purpose of meeting. ^ 

1. The above section provides relief for electors in 
case the board fails to make necessary provision for the 
school. 

2. The question of whether two or more contiguous 
school districts shall unite may be voted on at the annual 
school meeting in May, provided the necessary notice for a 
special be given — that is, notices stating the purpose of the 
meeting must be posted at least twenty days before such 
annual meeting: and the notices for the annual meeting 
will be sufficient if, in addition to the notice of the election, 
a statement that the question of uniting with such con- 
tiguous district or districts will be voted upon. 

3. It is illegal to transact any business at a special 
meeting, except that for which such meeting was called. 

4. The location of a school house is for no definite 
time. A vote may be taken on the question of moving the 
school house as often as a meeting for the purpose can be 
legally called. 

5. It is illegal for two members of the board to trans- 
act business that has not been decided upon at a regular 
or special meeting of the board. If the specifications in 
regard to the digging of the well were definitely stated at 
a regular or special meeting, it would be necessary to call 
another meeting of the board to change those specifications. 

6. If a special school meeting has been legally called 
in a school district for the purpose of voting upon any 
question or questions mentioned in said notice, a majority 
vote of those present decides the matter submitted. 

133 



§114 DIRECTORS 

Notice of special meetings. 

7. The law provides that notices specifying the time, 
place and object of special meeting shall be posted in three 
public places, one of which shall be at the place of meeting, 
at least twenty days prior to the time of holding such 
meeting. This does not apply however to special elections 
for election of directors, the latter being governed by section 
110 herein. 

8. A notice calling a special meeting is legal, even 
though the date of the notice has been omitted, if the 
notice has been posted the required number of days. 

9. More than one question can be voted upon at a 
special meeting of the electors of a third class school dis- 
trict; Provided, Each question is separately stated in the 
notice of such meeting. 

Who may call. 

10. At a regular meeting of a school board, two mem- 
bers of said board, constituting a quorum, can legally call 
a special meeting. 

Valid though not reported to county superintendent. 

11. In the case of a special meeting legally held the 
business there transacted would not be invalidated through 
the failure of the secretary to send a formal report to the 
county superintendent of the business thus transacted, 
although it is the duty of the secretary to send such a 
report. 

Taxes — when illegal. 

12. In the call or notice of special or annual school 
meeting it is illegal to specify the amount of a proposed 
levy and to require electors to vote for or against the levy 
thus proposed, without discussion or amendment. 

114. President sign orders — appear in suits — 
absence — vacancies. The president, when present, 
shall preside at all meetings of the board and of the 
district; shall sign all orders on the county treas- 
urer for the payment of money ; Provided, That no 
orders shall be drawn upon the county treasurer 
except in favor of parties to whom the district has 
become lawfully indebted. He shall appear in be- 
half of his district in all suits brought by or against 

134 



DIRECTORS § 114 

the same, but when he is individually interested, 
this duty shall be performed by the secretary, and 
in the absence of the president the secretary shall 
preside at board and district meetings. Absence 
from the district of any school officer, when pro- 
longed beyond thirty consecutive days, may be held 
to work a vacancy in said office, which may be filled 
according to law. — i?. ^. 5934 

Secretary execute appeal bond. 

a. The provision that the president of a school board 
shall appear in behalf of the district in all suits, does not 
prevent a secretary from executing an appeal bond, as a 
district may designate other agents than the president. — 
School Dist. V. Erskin, 1 C. 367 

Auditing of bills against district. 

1. The auditing of bills against a school district must 
be performed by the board of directors at a meeting thereof, 
and vouchers or warrants issued for the payment of such 
bills are legal only when issued by a vote of a majority of 
the board at such meeting and signed by the president. 

District warrants. 

2. When school district warrants are sold at a bank 
or elsewhere and a discount is charged, the holder of the 
warrant must bear the loss. 

3. A teacher, having accepted a stipulated salary, can 
receive that salary only by warrants drawn by the district 
secretary, and takes them at their face value. It would not 
be proper for the board to simply supplement, by an addi- 
tional warrant, the shrinkage of irregular warrants on 
account of the discount in the market. The deficit may be 
made good by the board, at a regular meeting, voting to 
advance the salary so as to cover the shrinkage in value 
of the depreciated warrants. 

4. A warrant sent to, and receiving the signature of, 
a director while absent from the state is legal. 

Suits against district. 

5. If a suit is brought against a district, it is the duty 
of the directors to defend it and to employ an attorney if 
necessary, who may be paid from the district's funds; but 
if the suit is against the board of directors, or any of them, 

135 



§115 DIRECTORS 

for failure to comply with the law, any cost for defense 
must not be charged against the district. 

Vacancies. 

6. Vacancies in the board of directors in districts of 
the second or third class, through failure to qualify, or 
through absence from the district, death, resignation, re- 
moval or otherwise, are to be filled by appointment of the 
county superintendent until the ensuing regular election, 
at which time the vacancies shall be filled for the unexpired 
terms, not for regular full terms. 

7. Absence from the district of any school officer when 
prolonged beyond thirty consecutive days may be held to 
work a vacancy in said oflice and gives the county super- 
intendent a right to appoint some one else in his place. 
The fact that his absence was unavoidable and that his 
family remain in the district does not change the condition. 

8. If a director is absent from a district for thirty 
days, no matter whether he still retains his residence in the 
district and expects to return to the district, the county 
superintendent should appoint a person to fill his place, 
if he considers that the educational interests of the district 
suffer through the absence of the original director. 

9. When a school director of a third class district re- 
moves his family from the district, going with them him- 
self, but retaining his postoffice address in the district and 
coming into said district once in thirty days only, he ceases 
to be a bona fide resident of such district and his office 
becomes vacant. 

10. If the director has permanently removed from the 
district, and the county superintendent refuses to declare a 
vacancy, or appoint a successor, such action by the board 
or county superintendent could be appealed to the state 
board of education as in other cases. 

115. Duties of secretary — bond. Before enter- 
ing upon the duties of his office, the secretary shall 
execute a bond, with two securities, in the penal 
sum of five hundred dollars in districts of the first 
and second classes, and the penal sum of one hun- 
dred dollars in districts of the third class, condi- 
tioned upon the faithful discharge of his official du- 
ties and the delivery of all district property per- 
taining to his office over to his successor, within 

136 



DIRECTORS § 115 

ten days after a demand is made for the same by 
a qualified successor, said bond to be approved by 
and filed with the county superintendent. The sec- 
retary shall record all proceedings of the board 
and of district meetings in a book, or books, kept 
for that purpose ; shall preserve copies of all reports 
made to the state or county superintendent; shall 
file all papers transmitted to him by other school 
officers pertaining to the business of the district; 
shall draw and countersign all warrants or orders 
issued by the board; shall keep a register or stub 
of all orders drawn, showing the number of the or- 
der, date, amount, in whose favor and for what pur- 
pose drawn. Immediately after the election of one 
or more directors according to law, he shall trans- 
mit to the county superintendent a statement giv- 
ing the name and post office address of the presi- 
dent, secretary and treasurer, respectively, of the 
boards of directors. Between the tenth day of Feb- 
ruary and the first day of March, in each year, the 
secretary, or some person, authorized by him, shall 
take a census of all persons over six years and un- 
der twenty-one years of age who were bona fide 
residents of the district on the tenth day of Feb- 
ruary aforesaid. The names so listed shall be ar- 
ranged alphabetically, and be so classified as to dis- 
tinguish between male and female. The census list 
shall be sworn to as correct bj the person taking 
the same, and, if such person be other than the sec- 
retary, shall be certified by the secretary, and shall 
be forwarded to the county superintendent on or be- 
fore the first day of April of the current school 
year. In districts of first and second classes a copy 

137 



§115 DIRECTORS 

shall be delivered to the principal teacher, or super- 
intendent of the district, and in all cases a copy 
shall be retained in the office of the secretary. 
—S. L. '11, p. 577 

Census showing one thousand — directors — election — appointment. 
Note. That portion of section 129 of the School Laws Anno- 
tated included in brackets has been amended by implication 
by sections 110 and 142 herein, so that, in case the census of 
1912 should show a thousand or more children of school age in a 
second class district, it would be the duty of the two hold-over 
members on the first Monday in May to appoint three members 
of the board to serve until the regular election of 1913, at which 
time two members shall be elected for six years, one member for 
four years and one member for two years. In case the census 
showed such number of children in 1913, then two members shall 
be elected for six years and one for four years. If such showing 
were made in 1914, then three members should be appointed 
until the regular election of 1915; and then and thereafter the 
same procedure as above should be followed, and all vacancies 
occurring in even years should be filled only until the next regu- 
lar biennial election, and then elected in numbers and for 
periods of time to correspond with the provisions of section 110 
herein. 

Duties of secretary. 

1. The secretary is the proper custodian of the books, 
papers and documents of a district school board, and is the 
one authorized to draw all warrants issued by the board, 
these to be countersigned by the president and treasurer. 

2. It is not the duty of the secretary of the board to 
draw a warrant unless the order for such warrant appears 
upon the written records of the board. 

3. If a secretary of a school board should falsify his 
records, he would violate his bond. 

Census list. 

4. The census list may be sworn to before any ofl^cer 
authorized to administer oaths. 

5. The names of all persons of school age must be 
included in the census. The law makes no exception in 
regard to married persons. 

6. Regarding the census list sworn to be correct by the 
secretary of the school board, there is no alternative but 
to accept the same unless the matter is taken into court 
and a false affidavit was proved. 

138 



DIRECTORS § 115 

Residence in district — how determined. 

7. The fact that the head of a family pays a tax in a 
certain school district does not of itself give his childrenx 
the privileges of the school in that district. 

8. Children may attend school free of charge only in 
the district in which their parents or guardians are bona 
fide residents. 

9. If the home of a family is certified to be in a dis- 
trict, and if the children have been listed upon the school 
census of that district, the children would have the right 
to attend the school without tuition, even if the family 
spends a large part of the year elsewhere. In the case of 
pupils attending before the family moves into the district 
for the winter, the same rule would apply. 

10. If the home of a family is certified to be in a dis- 
trict, and if the children have been listed upon the scnool 
census of that district, the children would not have the 
right to attend in another district, without paying tuition. 

11. An emancipated minor has a right to declare his 
residence, and is entitled to all the school privileges of the 
district of which he is, hona fide, a resident. 

12. In the case of families living in one school district, 
but sending children to school in another district, the 
children must be listed in the district in which the parents 
reside, and not in the district in which they attend school. 

13. Where a family resides regularly a part of the year 
in one district and a part of the year in another, the resi- 
dence for school purposes should be the one held in good 
faith on the 10th day of February. 

14. That place shall be considered and held to be the 
residence of a person in which his habitation is fixed, and to 
which, whenever he is absent, he has the intention of re- 
turning. 

15. A person shall not be considered or held to have 
lost his residence who shall leave his home and go into 
another state or territory or county of this state for tempo- 
rary purposes merely, with the intention of returning. 

16. A non-resident of a school district is one whose 
permanent dwelling place is not within the boundaries of 
that district. 

17. The residence of a minor is the residence of his 
parents or guardian. 

18. If a family move into a school district for school 
purposes and during the school year remove therefrom, they 
are not residents of such district, within the meaning of 
the school law. 

139 



§ 115 DIRECTORS 

19. A person may retain his residence in a district, if, 
at the time of leaving the district, it was his intention to 
return. 

20. The word ''residing," as used in the school law, 
has reference to a permanent residence. 

21. An unmarried person under twenty-one can claim 
residence where the parents reside, whether absent from 
home, at school or at work. 

22. Every unmarried person under twenty-one is en- 
titled to draw school money. 

23. The fact that a person pays taxes in two counties 
does not give him the right to send children to school in 
both counties in which the taxes are paid: as a person's 
residence can only be in one place, and the permanent home 
determines the proper district. 

24. Residence under the school law means a person's 
real home, not a temporary abiding place; and when people 
move into a town with children at the beginning of school, 
expecting to return to their former home at the close, they 
cannot claim residence, and the school board has a right to 
charge tuition. 

25. A child who is living with a hona fide resident of 
a district and dependent upon such resident for a living is 
entitled to attend school in such district free, though the 
parents of such child are living in another district. 

26. If parents own no home in a particular district, but 
rent while the children go to school there, and return to a 
ranch which they own in another district as soon as school 
is out, the district in which the ranch is located should 
enroll the children upon the census list. 

27. If renters renting by the year and having no other 
home send children to school, the district in which they 
are residing in a rented house should enroll the children. 

28. If renters rent by the month, leaving when school 
is out, and having a fixed home elsewhere, the children 
should be enrolled in the district where the fixed home is 
located; but if they have no home elsewhere, although leav- 
ing when school is out, the children should be enrolled in 
the district where they rent. 

29. If the mother votes in a certain district, living 
there with the children, that would be her residence and 
the children should be enrolled in such district. 

30. A person of school age cannot be enrolled in the 
school census of a district in which he does not reside, 
though his father is employed and boards in said district 
and claims his residence therein, when it appears that such 

140 



DIRECTORS § 115 

person of school age has never actually been in said district 
and when he actually lives in a foreign country or state or 
when he is properly enrolled in any other school district 
in this state. 

31. It would not be legal to enroll the persons of school 
age belonging to the state industrial school in Jefferson 
county upon the census lists of the school district or dis- 
tricts where the school is located, providing such persons 
have a residence elsewhere. The names of such persons 
would appear upon the census lists and would draw from 
the general school fund for the benefit of the districts in 
which is their true residence, and the state makes its own 
special provision for the education of such persons in the 
industrial schools. 

32. If the married woman referred to owns a home in 
the district, pays taxes on the same, and makes her home 
there during the greater portion of the year and has her 
children on the census list, she is entitled to send her 
children to the school in that district without paying 
tuition, although her husband may live on a farm in another 
district. 

33. Indian children of school age, living within the 
boundaries of a school district, should be included in the 
census list, but Indian children attending the Indian school 
should not be included in the district in which the Indian 
school is located, but in the districts in which their parents 
live. 

Census of deaf and blind. 

34. Deaf mutes and blind persons between the ages of 
six and twenty-one should be included in the school census. 

Annexed territory — census. 

35. If territory is added to a district after the annual 
census of that district has been taken, the names of per- 
sons of school age residing in the annexed territory should 
be added to the census list of the enlarged district and the 
latter given its per capita for the total number. 

Apportionment of school fund based on census. 

36. The apportionment of the general school fund for 
the year beginning July 1st annually is based on the census 
list prepared, taken between the 10th day of February and 
1st of April preceding, and there is no exception to this 
rule, except in case of formation of new districts; nor is 
there any provision whereby this fund can be transferred 

141 



§ 116 DIRECTORS 

from one district to another after said census has been 
taken. 

116. Further duties of secretary — report. The 

secretary shall keep an accurate account of the ex- 
penses incurred by the district, and shall present 
the same to the board whenever called upon. He 
shall give the required notice of all regular and 
special meetings, as herein authorized. On or before 
the first day of August of each year he shall make 
out and file in the office of the county superintend- 
ent, a report of the affairs of his district. Said re- 
port shall be made upon blanks prepared by the 
superintendent of public instruction containing such 
items of information as the said superintendent 
shall require, including the following, viz. : 

First — The number of persons, male and female, 
each, in his district, between the ages of six and 
twenty-one years. 

Second — The number of schools and the branches 
taught in each. 

Third — The number of pupils in each school. 

Fourth — The number of teachers employed, im 
each school, and the compensation of each per 
month. 

Fifth — The number of days the school was taughti 
during the year then past and by whom. 

Sixth — The number of pupils enrolled during, 
the year; the average daily attendance. 

Seventh — The average cost of school per month 
for each pupil, based upon the total enrollment, and 
also the average cost, based upon the average daily' | 
attendance. In estimating these averages the sec- 
retary shall take account of the teachers' wages; all 
current expenses, and six per cent, interest upon n 

142 



DIRECTORS § 116 

fair valuation of all property belonging to the dis- 
trict. 

Eighth — Text books used in each school. 

Ninth — The number of volumes in the library 
of each school. 

Tenth — The aggregate amount paid teachers dur- 
ing the year, and the average monthly pay of teach- 
ers. 

Eleventh — The number of public school houses, 
and the estimated value of each. 

Twelfth — The amount raised by tax in the dis- 
trict during the year for school library. 

Thirteenth — The amount raised by subscription 
or by other means than by tax. 

Fourteenth — The amount of special tax levied 
for the support of schools and for building sites, and 
furniture. 

Fifteenth — The amount of money on hand at 
the beginning of the year then past. 

Sixteenth — The amount of money received from 
all other sources than those herein specified. 

Should the secretary fail to file his report, as 
above directed, he shall forfeit the sum of one hun- 
dred dollars, and shall make good all loss resulting 
to the district from such failure. — R. 8. 5936 

Secretary give notice. 

1. A meeting of a school board cannot be properly held 
unless reasonable notice has been given to all members. 

2. The secretary of the board would have no authority 
to post notices calling a meeting at any other than the 
regular place of meeting without the consent of at least 
one of the other members of the board. 

Valid though not reported to county superintendent. 

3. In the case of a special meeting legally held, the 
business there transacted would not be invalidated through 

143 



§§117-118-119 DIRECTORS ^ 

J 
the failure of the secretary to send a formal report to the 
county superintendent of the business thus transacted, 
although it is the duty of the secretary to send such a ^ 
report. i 

Special tax levy. 

4. The special tax levy should be made previous to 
sending in the annual report of the secretary of the district. 
The levy can be certified to legally by two members of the 
board. 

Secretary violate hond. 

5. If a secretary of a school board should falsify his 
records, he would violate his bond. 

117. Secretary exhibit quarterly report to 
board. That it shall be the duty of each secretary 
of the boards of school directors to exhibit said 
quarterly report to the board at its first regular 
meeting after the receipt of said report for the in- 
spection of said board and that the board shall ex- 
amine said quarterly report and canceled orders 
and instruct the secretary to report the correctness, 
or incorrectness, if any be found, upon the blank 
furnished by the county treasurer. — J^. ;Sf. 5905 

Note. For report referred to, see section 106. 

118. Secretary keep quarterly reports and can- 
celed orders on file for six years. That it shall be 
the duty of each secretary of the several boards of 
school directors, and their successors, to keep on file 
for a term of six years, all quarterly reports and 
canceled orders received from county treasurers, 
and at the end of said period to cancel by fire, all! 
canceled orders, filing the quarterly reports for such 
period for future reference. — i^. j8f. 5906 

119. Secretary render statement — books open 
for inspection. The secretary shall render a state- 
ment of the condition of the finances, as shown by 
the books, at any time when required by the school 

144 



DIRECTORS § 120 

board, and his books shall always be open for 
inspection. — R. s. 5937 

Notice for special tax. 
1. It would be legal for you to vote a special tax at an 
annual meeting by giving the legal notice; Provided, That 
such special tax, together with any other special taxes 
levied for the given year, does not exceed the levy allowed 
to a district of your class. 

120. Failure of secretary to report — duty of su- 
perintendent of public instruction. Whenever a dis- 
trict secretary fails to file his annual report and 
census list Avith the county superintendent, accord- 
ing to law, thereby rendering it impossible for the 
said superintendent to apportion to such district 
any part of the general fund for the ensuing year, if 
it can be shown to the satisfaction of the superin- 
tendent of public instruction that such report and 
census list were prepared and reasonable diligence 
used to place the same in the hands of the county 
superintendent, and that such report and census 
list failed to reach said superintendent by reason 
of some accident or extraordinary occurrence ; and 
if it be further shown that a public school was 
maintained in such district for not less than the 
minimum time required by the state constitution ; 
and if it be also shown that duplicates of the miss- 
ing papers have been placed in the hands of the 
county superintendent, or in his office, then the su- 
perintendent of public instruction shall direct the 
county superintendent to apportion to such district 
its per capita share of the general fund distributed 
during the remainder of the year, as provided in 
section seventy-two.— i?. S. 5938 

Note. Section 72 above referred to is section 99. 
Note. Report of secretary, section 116. 

145 



§ 121 DIRECTORS 

Failure to make annual report. 
1. A school district having kept up its organization and 
maintained a four months' school during the year, cannot 
be annulled for simply failing to make the annual report as 
this failure is chargeable to the secretary and if any 
damage ensues to the district he should be held on his 
bond. 

121. Treasurer countersign warrants — ^render 
accounts — failure — penalty. It shall be the duty of 
the treasurer to countersign all warrants drawn by 
the president and secretary on the county treasurer, 
in favor of parties to whom the district has become 
lawfully indebted, and to keep an account of the 
same. He shall take charge of all moneys received 
by him on account of the district from the county 
treasurer, as provided in sections ninety-one and 
ninety-two of this act, and pay out the same as 
therein provided. He shall render a statement of 
the finances of the district, as shoAvn by the records 
of his office at the close of each school year, and 
at any other time when required by the board. 
For a failure to perform any of the duties of his 
office wheil directed by the board, or for refusing 
or neglecting to deliver to his legally qualified suc- 
cessor all money, books, or other district property 
in his possession or care, within ten days after the 
same shall have been demanded by such successor, 
he shall be liable on his bond, and shall make good 
any loss resulting to the district from such failure 
or neglect. —R. 8. 5940 

Note. Sections 91 and 92 above referred to are sections 22 
and 31. 

WaiTants — signing of. 

1. The secretary is the one authorized to draw all war- 
rants authorized by the board; and the president and treas- 
urer should countersign the same. 

140 



DIRECTORS § 121 

2. A warrant drawn for a lawful indebtedness against 
the district is valid, although not countersigned by the 
district treasurer; but a county treasurer who pays a war- 
rant not countersigned by the district treasurer, does so 
at his own risk, and if such warrant is not drawn for a law- 
ful indebtedness, he is liable on his official bond. 

3. It is the duty of each member of the board of 
directors to sign all warrants drawn on the county treas- 
urer in favor of parties to whom the district is lawfully 
indebted; but if any director refuses so to do there is no 
way to compel him except by mandamus proceedings in the 
courts. If, however, the county superintendent be cognizant 
of the fact and certifies that the warrant was drawn in 
payment of a legal debt, the county treasurer would be 
justified in paying such warrant although signed by only 
two directors, one of whom must be the president. 

4. In regard to the method of raising money to build 
a school building, the law prohibits the issuing of warrants 
in excess of the revenues of the district for the current 
year; therefore an arrangement for issuing warrants pay- 
able in one, two and three years, the qualified voters to 
vote a levy to be collected in one, two and three years to 
pay the warrants, would not be legal. The voters have no 
authority to vote a levy except for the current year. It 
would, therefore, only be possible to raise the money by 
voting bonds for the amount if the electors do not wish to 
levy the whole tax in one year. 

Warrants drawn for what purpose 

5. Since no warrant is valid if drawn in favor of a 
person to whom the district is not lawfully indebted, the 
district has no authority to incur the debt for the payment 
of which the warrant mentioned was drawn. 

6. The only legal restrictions placed upon school 
directors in the matter of issuing warrants are that they 
must be issued to persons to whom the district is legally 
indebted, and the total amount issued must not be in excess 
of the special tax levied for the current year. 

7. A county treasurer can legally pay only such war- 
rants as are issued against the school fund of the current 
year. 

County treasurer custodian of school funds. 

8. The county treasurer is the only legal custodian of 
the school funds. The district treasurer has no legal right 
to hold in his possession any of the general, special or bond 

147 



§§122-123 DIRECTORS 

fund, nor have the directors of a school district any legal 
right to issue orders on the county treasurer, except in 
favor of those parties to whom the district is legally in- 
debted. In the payment of school bonds, the district treas- 
urer has control of the funds only during the times of 
advertising and subsequent payment. 

9. Funds of first class districts must remain in the 
hands of the county treasurer and be drawn upon through 
warrants made out by the district board, as in districts of 
the third class. The law makes no provision for the hand- 
ling of the funds. 

Legality of interest Ijearing warrants. 

10. The courts have never passed an opinion concern- 
ing the question of taxation of interest bearing school 
warrants. It cannot, therefore, be stated at this time, what 
rule prevails, it being for the courts hereafter to interpret 
this question. 

122. Delinquent officers — penalties. No super- 
intendent or district officer shall receive any of the 
compensation, who has neglected or refused to per- 
form any duty required by law, and any district 
officer so neglecting or refusing, when specially di- 
rected by a majority of the district board, shall be 
deemed guilty of a misdemeanor, and it shall be 
deemed a violation of law for any person to draw 
or sign a warrant for the payment of such delinquent 
officer, and any person so signing a warrant shall 
be liable in double the amount of such warrant. 
—R. 8. 5941 

123. Powers of directors. Any school board 
shall have power to make such by-laws for their 
own government and for the government of the 
public schools under their charge, as they may deem 
expedient, not inconsistent with the provisions of 
this act, or the instructions of the superintendent 
of public instruction. District boards of the first 
class shall also have power to fill any vacancy which 

148 



DIRECTORS §124 

may occur in the board, until the regular election, 
at which time the vacancy shall be filled for the 
unexpired term. —R. S. 5924 

Note. County superintendents fill vacancy, except in first 
class districts, section 95. 

Filling vacancy. 

1. In a first class district, when a vacancy occurs 
after the advertisement of the regular election, any person 
desiring to become a candidate for director may do so by 
filing a written notice of such intention with the secretary 
of the board at least eight days prior to the day of holding 
election. If the vacancy occurs after eight days before 
election the board should fill the vacancy until the next 
regular election. 

Powers of hoard. 

2. A school board has a legal right to require such 
qualifications of teachers as seem to them to be for the best 
interests of the school, provided such qualifications do not 
conflict with those required by the state. 

3. The statute gives boards of directors of first class 
districts entire authority to fill vacancies, and with that 
authority, by necessary implication, goes the authority to 
declare vacancies, excluding the idea that a county super- 
intendent may have that authority. The county super- 
intendent has no right whatever to hold that a vacancy 
exists in the board of a district of the first class until such 
a vacancy has been declared by the board itself, or by the 
courts. 

4. If the school board chose to revoke its rules con- 
cerning the place where a school meeting must be held, it 
would have a right to do so. . 

124. Powers of school boards. Every school 
board, unless otherwise especially provided by law, 
shall have power, and it shall be their duty : 

First — To employ or discharge teachers, me- 
chanics and laborers, and to fix and order paid their 
wages ; to determine the rate of tuition for non-resi- 
dent pupils, and to fix the compensation to be al- 
lowed the secretary for the time necessarily spent in 
the service of the district, as required by law, or 

149 



§124 DIRECTORS 

as directed by the board: Provided, It shall be un- 
lawful to pay any other member of the board, from 
the district funds, for his services as a member of 
such board. 

Second — To enforce the rules and general regu- 
lations of the state superintendent, to fix the course 
of study, the exercises and the kind of text books 
to be used; Provided, That but one kind of text 
book of the same grade or branch of study shall 
be used in the same department of a school, and 
that after the adoption of any book, it shall not be 
changed in less than four years, unless the price 
thereof shall be unwarrantably advanced, or the me- 
chanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for 
everything needed in the school house, or for the 
use of the school board. 

Fourth — To rent, repair and insure school 
houses. 

Fifth — To build or remove school houses, and to 
purchase or sell school lots, when directed by a vote 
of the district so to do. 

Sixth — To hold in trust for their district all real 
or personal property for the benefit of the school 
thereof. 

Seventh — To suspend or expel pupils from school 
who refuse to obey the rules thereof, and to exclude 
from school, children under six years of age. 

Eighth — To determine the number of teachers 
that shall be employed, and length of time over 
and above three (3) months that the school shall 
be kept; to fix the time for the opening or closing 

150 



DIRECTORS §124 

of schools, and for the dismissal of primary pupils 
before the regular time for closing the schools. 

Ninth — -To provide books for indigent children, 
on the written statement of the teachers that the 
parents of such children are not able to purchase 
them, and to furnish free text books for the use of 
all pupils, when authorized to do so by a majority 
vote of the district, as expressed at any regular or 
special meeting. 

Tenth — To require all pupils to be furnished with 
the proper and suitable books as a condition of mem- 
bership in school. 

Eleventh — To exclude from school and school 
libraries all books, tracts, papers and other publi- 
cations of an immoral or pernicious tendency. 

Twelfth — To require teachers to conform to the 
law. 

Thirteenth — To make an annual report, as re- 
quired by law, to the county superintendent, on or 
before the first day of August of each year, in the 
manner and form and on the blanks prescribed and 
furnished by the superintendent of public instruc- 
tion. 

Fourteenth — To make a report directly to the 
state superintendent, whenever instructed by him 
so to do. 

Fifteenth — "Whenever a pupil resides remotely 
from the school house in his district, and where a 
school house is more accessible in an adjoining dis- 
trict or county, such pupil shall be permitted to at- 
tend that school which is the most accessible, and 
be granted the same privileges as a resident of that 
district. Provided, The board may refuse to admit 

151 



§ 124 DIRECTORS 

pupils from other districts upon the ground of in- 
sufficient room. In such case, the directors of the 
district wherein the said pupil resides shall pay a 
reasonable tuition to the district wherein the school 
is the most accessible, which said tuition shall be 
agreed upon by the two school boards affected ; Pro- 
vided, however, If they do not agree, the county 
superintendent or superintendents of the county or 
counties in which such district or districts so af- 
fected are located shall settle the price of tuition. 
In case said two superintendents can not agree on 
the tuition to be paid, then the state superintendent 
of public instruction shall fix the sum of said tui- 
tion. Provided, further. That whenever any pupil 
outside a high school district desires to attend a 
high school within the county where such pupil re- 
sides, and such pupil shall possess the necessary 
qualifications for admittance thereto, the necessary 
tuition fees charged for the attendance of such pupil 
by said high school shall be paid by the school dis- 
trict in which such pupil resides, not exceeding 
$2.50 per month.— i^. Sf. 5925, amended S. L. '09, p. 488 

Note. State board of health may prescribe text-book on 
hygiene, section 5010. 

Certificate obtained after commencement of school. 

a. A teacher who at the time of her employment has 
a first grade certificate in full force in another county upon 
which her county superintendent agrees to issue a certi- 
ficate of like grade, but does not do so until after the 
commencement of her school, is entitled at least to compen- 
sation from the date of such like grade certificate if she 
proceeds with the school.^ — School Dist. v. Ross, 4 C. A. 493 

Lien law not apply school buildings. 

b. The provisions of the mechanics lien law cannot be 
applied to public school buildings. — Florman v. School Dist.y 
6 C. A. 319 



152 



I 



DIRECTORS § 124 

School property held in trust. 

c. All school property within the district is held by 
the. board of directors in trust for the district for the bene- 
fit of the school. — Florman v. School Dist., 6 C. A. 319 

Injunction not lie to prevent discharge of teacher. 

d. Since school boards have power to summarily dis- 
miss teachers for cause, injunction will not lie to restrain 
them from so doing, for if wrongfully dismissed the 
teacher's remedy is an action for damages. — School Dist. 
V. Carson, 9 C. A. 6 

Ratification of contract. 

e. Where a school board enters into a contract with 
a teacher and for ten weeks accepts her services and pays 
her wages, such action constitutes a ratification of the con- 
tract and the board is estopped from asserting its in- 
validity. — School Dist. V. Stone, 14 C. A. 211 

Contract not made at formal meeting. 

f. Under the law authorizing a school board to employ 
teachers, it is not absolutely necessary that the contract be 
made at a formal meeting, and a contract agreed to by all 
members of the board and executed and signed by a ma- 
jority of the board is binding, although not done at a 
regularly convened meeting. — School Dist. v. Stone, 14 
C. A. 211 

Certificate — not collaterally attacked except. 

g. In an action by a teacher for wages under a con- 
tract, his certificate from a county superintendent cannot 
be collaterally attacked except for fraud. — School Dist. v. 
Stone, 14 C. A. 211 

County superintendents sue in official capacity. 
h. County superintendents have the right to sue in 
their official capacity, and may maintain such actions as 
are necessary to the fulfillment of the duties of their offices; 
and to this end may bring an action to restrain a board of 
directors from employing a teacher without a certificate. — 
Catlin V. Christie, 15 C. A. 291 

Teacher discharged need not appeal. 
i. A public school teacher engaged for a specific term, 
who is discharged without cause, need not rely upon the 
statutory right of appeal from the decision of the board, 
but may bring action to recover in the courts; and the rule 
in the teacher's hand-book that the tenure of office of all 
teachers, regardless of contract, shall be at the pleasure of 

153 



§ 124 DIRECTORS 

the board, is no defense to such action. — School Dist. v. 
Hale, 15 C. 3G7 

Teacher discharged for cause only. 
;'. A teacher cannot be dismissed from the public 
schools without due notice and upon good cause shown, 
and when an action is brought to recover damages therefor 
the board can only justify by showing proper cause for 
dismissal in accordance with the statute. — School Dist. v. 
McComh, 18 C. 240 

Revoking certificate after discharging. 
k. A school board of a first class district after dis- 
charging a teacher has no authority to revoke a certificate 
theretofore issued to him so as to prevent his recovery for 
the unexpired term. — School Dist. v. Shuck, 49 C. 526 

Appointment and acceptance create contract. 
I. A resolution of the directors appointing plaintiff a 
teacher for the ensuing school year and an acceptance of 
the appointment create a contract, and the requirement in 
the resolution that teachers must after a designated date 
hold a first grade certificate, is not a limitation but simply 
renders the employment subject to termination after such 
date if not complied with. — Nash v. School Board, 49 C. 555 

Hire Teachers. 

1. A school board has the sole right to engage a teacher 
for the district; and the fact that a majority of the tax 
payers sign a petition making a protest against the selec- 
tion made by the board can in no way affect the legal right 
or action of the board in appointing a teacher. 

2. If a teacher receives from the secretary of a school 
board, in pursuance of an order of the board, a letter notify- 
ing him of the length of term and salary, such notification 
would stand in law as a contract, should the teacher accept. 

3. A verbal promise given to a teacher by members of 
the school board at other than a regular meeting is not 
legally binding upon the board; and the board would have 
a right to engage another person at a regular meeting. 

4. There is nothing in the school law of Colorado to 
prevent a board of directors in a first class district from 
making a contract with a teacher or superintendent for a 
term exceeding the school year. 

5. When a teacher enters into a contract with a board 
of directors to teach a certain number of months, it is i 
understood that customary vacations may intervene, even 
though not specified in the contract, and the teacher is not 

154 



DIRECTORS § 124 

entitled to compensation for such vacation, he being re- 
quired to teach the full number of months specified in the 
contract excluding such vacation; this, however, does not 
include legal holidays coming within the school week, for 
which the teacher is entitled to pay without teaching unless 
otherwise expressly stated in the contract. 

6. There is no law requiring a teacher to have a 
physician's certificate of good health; this matter is gov- 
erned by the rules made by the board of directors. 

7. School boards, in districts of the first class, have 
entire control of the examination and licensing of appli- 
cants to teach in their districts. They also have a legal 
right to renew certificates without examination. One mem- 
ber of a school board cannot legally employ a teacher except 
when ordered to do so by the board at a regular or special 
meeting. 

8. If a teacher has been employed to teach a certain 
department of a school, the school board would not have 
the right to close another department and require one 
teacher to do the work of both departments, unless such 
an arrangement had been made in the contract entered into 
between the teacher and the board. 

9. The only way by which a teacher's salary can be 
legally increased during the term for which she is employed 
would be at a regular or special meeting of the school board. 

10. The law provides that an applicant for a teacher's 
certificate must not be less than eighteen years of age; and 
it would be illegal to grant a certificate if the applicant did 
not meet that requirement, and illegal for a school board 
to employ a teacher under such circumstances. 

11. An oral contract made between a teacher and a 
school board is as binding as a written one if it can be 
proven. 

12. The laws of Colorado do not make it illegal for 
members of school boards to vote for relatives of any degree 
as teachers. 

13. A school director cannot legally become a teacher 
in the district in which he holds that office. See section 
2G06, General Statutes of Colorado, 1883, page 82. 

14. The power to employ or discharge teachers rests 
solely with the school board, and not with the county super- 
intendent or directly with the electors of the district. This 
applies also to vacancies that may occur by reason of sick- 
ness or any other cause. 

15. A district board has not, in law or equity, a right 
to deliberately create a condition for the purpose of taking 

165 



§ 124 DIRECTORS 

advantage of the emergency clause in that section of the 
statute which provides for granting and endorsing teachers' 
certificates. 

16. It is illegal for a board of directors to employ a 
person to teach who has no certificate, as no legal contract 
can be made between the board and such person; and the 
fact that no salary is drawn would not make the transaction 
legal. A school so taught could not be considered a public 
school, nor could the months so taught be counted in, or 
reported as, months of public school work. School directors 
cannot officially employ a teacher to teach a private school; 
and there is no way whereby public school work and private 
school work can be combined, or private school work legal- 
ized as public school work, or a private teacher be con- 
sidered a public school teacher. 

17. Every member of a school board has an equal 
voice in employing teachers; and the decision of a majority 
rules in this as in all other matters. 

18. One member of a school board cannot legally em- 
ploy a teacher, even though a meeting has been called for 
the purpose and notice of it sent to other members of the 
board. If the failure to attend arises from a deliberate 
intention to prevent a legal meeting of the board such 
members can be compelled to attend by legal process. 

19. A teacher is not required to do janitor work in 
this state unless the contract into which he has entered 
with the district board distinctly states that such shall be 
the case. 

20. A contract between a teacher and his substitute is 
not binding upon the board of directors. 

21. The appellate courts of this state have never, de- 
cided the question of the legality of a school board to con- 
tract with teachers before the annual election establishes a i 
new board of school directors. 

22. In case two members of the board at a legally held I 
meeting of the board voting a certain sum as the teacher's 
salary, written notice of such action being sent to the 
teacher, the notice is binding upon the board and equal to 
a contract. 

23.- If a school board makes a legal contract either i 
verbal or in writing with a teacher, providing for his re- 
election and specifying the salary he is to receive, the boar^ 
could not at a later meeting change its action. 

156 



DIRECTORS § 124 

Teacher's report. 

24. No part of the last month's salary of a teacher 
should be paid until the reports required by law are made 
and filed according to specifications. 

School furniture and supplies. 

25. No member of a district board has any right what- 
ever to purchase coal or other school supplies, without being 
ordered to do so by a majority vote of the members. 

26. A school board of a district of the third class has 
a legal right to purchase desks for a school building without 
a vote of the electors of the district. 

27. School directors of a district of the third class may 
purchase an organ for the use of the school and pay for 
it out of the special fund. The general fund cannot be 
used for that purpose, unless there is a balance remaining 
after paying all expenses necessary to support a public 
school for ten months in any one year. 

Discharge teachers. 

28. Two members of a school board at a legally called 
meeting have a right to dismiss a teacher; but a teacher 
having a contract with the board cannot be dismissed with- 
out good cause. 

29. It is not legal for a school board to retain a teacher 
whose certificate has expired if the term of school for which 
such teacher is employed extends more than one month 
after such expiration, as the law definitely states that a 
new certificate shall be secured. The endorsement of the 
certificate should read "Good" until the next regular county 
examination. 

30. In order to sustain charges of immorality or in- 
competencj^ specific acts must be shown and supported by 
afiidavits or witnesses. If satisfied that the charges can be 
sustained by proof, the proper course for the board is to 
bring the matter to the attention of the county superin- 
tendent, with the request that he revoke such teacher's 
certificate. 

31. If a teacher employed in the schools is incompetent 
to give instruction in any of the subjects provided in the 
course of study for that district, the board of directors would 
have cause for discharging such teacher. 

32. A school board may dismiss a teacher for incom- 
petency or immorality. A county superintendent may re- 
voke a certificate of any kind at any tim.e for immorality, 
incompetency or any just cause. 

157 



§ 124 DIRECTORS 

33. The laws of this state make it impossible for a 
school board to discharge a teacher without some cause 
that would be considered in the courts a sufficient reason 
for breaking the contract between the teacher and the 
school board. Incompetency, immorality, drunkenness, etc., 
are the reasons that have been held sufficient. 

Fix salary. 

34. A teacher employed at a stipulated salary, can be 
paid only by warrants drawn by the district secretary, and 
must take them for what they are worth. It would not be 
proper for the board to make up any discount by an ad- 
ditional warrant. The board might, however, increase the 
salary at a regular meeting so as to cover such deficiency. 

35. When school district warrants are sold at a bank 
or elsewhere and a discount is charged, the holder of the 
warrant must bear the loss. 

36. A teacher's only recourse against a school board 
that refuses to issue a warrant for salary is through the 
courts. 

37. When a county superintendent calls a county insti- 
tute or teachers' association, he has not the right to rule 
that the district must pay the teacher the same as if she 
had taught school, although the school board has the right 
to allow the teacher such a day and pay her for it upon 
the request of the county superintendent, but the authority 
in the matter rests with the district board. 

38. A certificate to teach cannot be revoked by a county 
superintendent without having good and sufficient reasons 
for so doing. Alleged exorbitant wages named in a contract 
between the teacher and the directors of a district would not 
be lawful reason for revoking a certificate unless fraud of 
some kind could be shown. 

39. The directors of a district have no legal right to 
make a contract with a teacher to pay wages in excess of 
the revenues for the year. 

40. A teacher can draw her wages during the time that 
a school is closed on account of an epidemic. 

Compensation allowed secretary. 

41. While the law states that district boards shall fix 
the amount of the secretary's salary, if the secretary 
rendered his services without such salary being fixed, or 
without demanding it at the time, he could not later claim it. 

42. The secretary is the only officer of a district school 
board whom the law allows to draw pay for his services, 
and his pay is fixed by the board. 

158 



DIRECTORS § 124 

43. A school board has the right to fix the compensa- 
tion to be allowed the secretarj^ for the time necessarily 
spent in the service of the district; provided, always, that 
the board's provision for such compensation is just and 
reasonable and in compliance with the law. 

44. If a secretary of a school board should falsify his 
records, he, would violate his bond. 

Powers of board. 

45. As the president of the board is a member of the 
board, with all of the privileges to which such members are 
entitled, he can, although the presiding officer of the board, 
make or second a motion, state it from the chair, and vote 
on the same. 

46. The length of residence required in Colorado to 
constitute eligibility to the office of school director is twelve 
months. 

47. A school board does not have to carry out all mo- 
tions made and carried at the annual meeting of electors 
unless such motions cover matters upon which the electors 
are entitled to pass. 

Illegal action by board. 

48. If the electors of a district are dissatisfied w4th the 
action of the board, they have the privilege of enjoining 
the board from taking said action. 

49. The law gives the right to the school board to say 
how many months of school shall be held in excess of the 
months required by law, and also the right to fix the sal- 
aries of the teachers employed. The electors have no right, 
legally, to call a meeting to vote upon either of these ques- 
tions, and if such a meeting was held, the school board 
could not be compelled to attend, or to act in accordance 
with the action taken through the meeting. 

50. A school board has no authority to employ an in- 
terpreter in Mexican districts to help out a teacher who 
does not understand the Spanish language. 

51. A member of the school board may be compelled by 
legal process to perform the duties of his office as specified 
in the law. Any elector of the district, member of the 
school board or the county superintendent can institute the 
proceedings. 

52. A member of a school board may be removed for 
malfeasance in office, by action taken in the courts. 

53. It is illegal for two members of the board to trans- 
act business that has not been decided upon at a regular 

159 



§ 124 DIRECTORS 

or special meeting of the board. If the specifications in 
regard to the digging of the weil were definitely stated at a 
regular or special meeting, it would be necessary to call 
another meeting of the board to change those specifications. 

54. Directors of third class districts have no authority 
to sell property of the district unless instructed to do so 
by the electors. A sale without such direction is illegal. 

55. If the actions of the board do not meet the approval 
of the electors, the latter may either have redress through 
the courts, or, in certain cases, may appeal to the county 
superintendent and from him to the state board of educa- 
tion. 

5G. If the school board of directors refuse to carry out 
the valid instructions of the electors of the district, they 
can be compelled to do so by court proceedings in the nature 
of a writ of mandamus. 

Vacci7iation authorized by county "board of health. 

57. If the school board has demanded that the pupils 
of a school be vaccinated, its action being authorized or 
required by the county board of health, pupils should com- 
ply with the requirements made. The county board of 
health is expected to act in accordance with the rules and 
regulations of the State Board of Health, and also to see 
that all necessary precautions are taken in the schools of 
their counties to guard against contagious diseases. 

Tuition. 

58. Section 124 herein .provides that when a pupil 
resides remotely from the school house in his district, and 
a school house is more accessible in an adjoining district, 
he shall be permitted to attend the latter and be granted 
the same privileges as a resident pupil. This right is 
mandatory on both boards of directors, and can only be 
defeated on the ground of insufficient room in the latter 
district, and the board of his district is obliged to pay the 
tuition agreed upon by the two boards, or, upon their failure 
to agree, that fixed by the county superintendent. 

59. The payment of tuition for the school privileges 
afforded to children attending outside of their own district 
is a matter which the boards of the respective districts must 
arrange between themselves; and if they cannot agree then 
the county superintendent must decide. 

60. A person, having attained the age of twenty-one 
years, is not thereby debarred from school privileges, but 
the board may require tuition of him. This ruling applies 

IGO 



DIRECTORS § 124 

to those who may have been under the age of twenty-one at 
the time the last school census was taken. 

61. If the home of a family is certified to be in a 
district, and the children have been listed upon the school 
census of that district, the children would have the right 
to attend the school without tuition, even if the family 
spends a large part of the year elsewhere. In the case of 
pupils attending before the family moves into the district 
for the winter, the same rule would apply. 

62. If a district is the declared home of the family, 
and the children have been previously listed upon the 
census list, they, would have the right to attend the school 
without tuition, even if the remainder of the family were 
at present residing elsewhere. 

63. A resident's objection to the attendance at school 
of a child from another district is of no effect, provided the 
board of directors is willing to permit such attendance. 

64. In regard to whether a person living in a district 
where there are two schools has a right to send his children 
to either, the matter should be controlled by the local board 
of directors the same as is done in cities where the boards 
control the sending of children to the different city buildings. 

65. The school board of a district has the right to 
exclude children from other districts on account of lack of 
room, and to inquire tuition for pupils who live outside 
the district. 

Fix course of study — special brancJies — admittance. 

66. It is the duty of the teacher to teach whatever 
branches may be specified by the school board, since that 
body is given the right to establish a course of study for 
the school of its district. If the teacher has failed to teach 
the branches requested by the board, it would probably not 
be sufficient reason for the board refusing to sign the war- 
rant for her services as teacher for the time she has been 
employed in the school, yet it is possible that it might be 
held as sufficient grounds for the dismissal of said teacher. 

67. The school board of a district has the right to 
forbid tne reading of the Bible in the schools of the district, 
under the provisions of section 124 herein, which provides 
that the school board shall have power to fix the course of 
study, the exercises and the text books to be used in the 
schools of the district. 

68. Article IX, section 7, of the constitution of Colo- 
rado, prohibits the use of public school money for the 
teaching of sectarian tenets or doctrines. It is therefore 

161 



§ 124 DIRECTORS 

unlawful for a board of directors to require a teacher to 
devote any part of any school day to religious instruction. 

69. A school board would have the right to require 
work above the eighth grade to be done, providing there 
was nothing in the contract made with the teacher which 
would give her the right to object to doing such work. 

70. Since the school board has full authority to make 
rules and regulations concerning the management of the 
schools in a district, the board would have the right to fix 
the times when beginners might be permitted to enter the 
schools. 

71. A school board has the right to make the regula- 
tions concerning the admittance of pupils to a certain grade 
of the school when the fall term commences, said pupils 
having failed to pass the examination given in the spring, 
and also to authorize the principal to make such rules and 
regulations and to enforce them as if made by the board as 
a body. 

72. The law makes the same requirements of the prin- 
cipal or teachers of a county high school as of any school 
of high grade. Therefore, a special certificate covering the 
high school branches must be obtained by the applicant 
who expects to teach in a county high school. 

73. A teacher cannot be required to teach instrumental 
music in a school, as the branch is not one included in the 
requirements of a common school course. 

74. As between school directors and the county super- 
intendent, the latter has advisory powers only in arranging 
course of study, selection of books and grading of schools. 

75. According to the school law of this state, the board 
of directors of a school district has the right to prescribe 
the course of study for the school, but cannot be compelled 
by parents to include higher grades than the eighth. If 
the board prescribes that certain high school or ninth or 
tenth grade studies shall be taught, it may be done, but it 
is not expected that such work shall be a part of the course 
in the district school if it interferes with the work of the 
lower grades. 

76. The law does not permit the establishment of a 
high school in an ordinary third class district, nor does 
it prohibit the introduction of certain branches that are 
termed high school branches, but the law gives the entire 
authority in regard to fixing the course of study to the 
board of directors. The teacher would have no right to 
introduce high school work in the school unless so in- 
structed by the school board. 

162 



DIRECTORS . § 124 

Text hooks. 

77. In case of a new district formed from one in which 
text bool^s are furnished free, the question of supplying 
free text books in such new district must be submitted to 
a vote of the people. 

78. If a school board purchase books to be used by the 
pupils of the district, such books are for the use of pupils 
attending school within such district, and for no other. If 
residents of the district see fit to send their children into 
adjoining districts, they cannot compel the district in which 
they reside to furnish the text books for their children. 

79. The board of directors must furnish books for all 
pupils when instructed to do so by a majority vote of the 
electors voting as expressed at any regular meeting or 
special meeting called for that purpose. 

80. The fact that a district has voted to furnish free 
text books to its school children, and has done so for a 
number of years, does not permanently bind the district 
so to furnish the text books. If brought up in the manner 
prescribed by law, the district may again vote upon the 
matter. 

81. When a pupil leaves a school where free text books 
are furnished, he has no right to take home with him and 
keep text books belonging to the district. 

82. Colorado does not have a uniformity of text books. 
The school law provides that the board of directors in the 
different districts may determine the kind of text books to 
be used. 

83. County officials have no authority to purchase text 
books for the schools of the county, using school money for 
that purpose, nor have such officials the right to adopt text 
books for use in such schools and require the various dis- 
tricts to pay for the same. The school board determine the 
kind of text books to be used, and can only furnish free 
text books for the use of all pupils when authorized to do 
so by the majority vote of the district. 

84. In order to vote on the question of free text books 
at the annual school election, it will be necessary to include 
in the annual election notice, a statement specifying the 
time of such voting. 

School houses — rent — repair — 'build — remove. 

85. The district board has the right in emergencies to 
permit the location of the school to be changed tempprarily, 
although it is expected that in this as in all other matters 
the welfare of the whole district will be considered, 

163 



§ 124 DIRECTORS 

86. The site for a school building in districts of the 
third class can he selected or changed only by majority vote 
of the electors at annual meeting, or at a special meeting 
legally called. 

87. When the electors of a school district, at a legal 
meeting, vote to erect a building on the school site of the 
district to be used as a teacher's residence, and vote a 
special tax for that purpose, such action legally authorizes 
the directors of the district to contract for the erection of 
such a building. 

88. Directors of first and second class districts have a 
right to sell a school building when directed so to do by 
the electors at a special meeting called for that purpose. 
Such sale should be made in the manner prescribed by the 
directors, which should be at public sale after proper adver- 
tisement. 

89. The power to fix the site for school houses neces- 
sarily includes the power to fix the location of the school, 
and after a majority of the voters of the district (third 
class) have decided to have the site of the school house in 
a certain portion of tlie district, it would hardly be held 
as within the power of the board to defeat the will of the 
electors by establishing a school in some other place. 

90. Under certain conditions other buildings than the 
school house. may be used for school purposes if the board 
so desires. 

91. School must be held in a building situated within 
the boundaries of the district. 

92. The departments of a school cannot be legally con- 
sidered as separate schools. 

93. While a school board would, if they felt so disposed, 
have a right to establish a summer school, they would not 
have the right to limit the attendance to those pupils 
recommended by the teachers, and some others, and require 
those who desire to attend the school without the recom- 
mendation to pay their own tuition. It would, however, be 
legal to establish such a school for certain grades, limiting 
the attendance to the specified grades. 

94. The directors of third class districts have no 
authority either to build a new school house or an addition 
to an old one unless directed to do so by a vote of the' 
electors. 

95. If a majority of the legal voters of a third class 
district at a special meeting legally called decide that a 
school house shall be moved, it becomes obligatory on the 
part of the board to move the building. If they do not, 

164 



DIRECTORS § 124 

the voters can compel them by mandamus to move it. The 
school house does not have to stand thirty days after the 
majority of voters have decided to move it. 

96. A board of directors of a third class district cannot 
sell, remove or tear down a school house unless so directed 
by a vote of the electors. 

97. The directors of a school district cannot legally 
purchase a school site without a favorable vote of the 
electors. 

98. The qualified electors when assembled at a special 
meeting, duly called, have the power to fix the site for the 
school house, taking into consideration the wants and 
necessities of the people of each portion of the district. 
There is no authority in law giving the privilege to build 
upon school land without first receiving a grant from the 
state land board. Upon application to the register of such 
board, accompanied with plat and field notes of the survey, 
one acre will be granted your district for school purposes. 

99. When a building is to be used for school purposes 
the board has no authority to build such addition or 
school room except when directed to do so by a vote of 
the district. 

100. A disti:ict board, having already constructed and 
furnished a school building, may subsequently erect a coal 
house or other simple outbuilding, for the convenience of 
the school, without a special vote of the electors, the out- 
building to be considered an appurtenance or appendage 
of the school building. 

101. If the electors of a school district have voted the 
specifications in regard to building a school house, the site 
being definitely selected, the board of directors could not 
legally change these specifications, and it would be neces- 
sary to call another meeting of the electors if thought 
desirable to make a change. 

102. In building a school house the board of directors 
must keep within the appropriation of the electors. If it is 
desired to spend more money than the original appropria- 
tion, a meeting of the electors must be held to determine 
whether they will authorize the additional expenditure. 

103. The law does not specify the manner in which a 
school board shall proceed in the matter of building a school 
house or whether such board shall advertise for bids or not. 
The board is permitted to exercise discretion in the matter, 
having in view at all times the best interests of the district. 

104. A school board has the right to lease a building 
for school purposes for one or more years. 

165 



§ 124 DIRECTORS 

105. Whether the directors build one or more school 
houses is purely a matter to be determined by the electors 
of the district, such authority being conferred upon them by 
the statutes, and the co-unty superintendent has no authority 
to control such discretion. 

106. The board of directors, in leasing an unused school 
house, have the power to insert in the lease the purpose for 
which said building shall not be used. 

107. The question of constructing a high school build- 
ing in a district of the first class must be submitted to a vote 
of the qualified electors of the district. 

108. If the question of the selling or the minimum 
selling price of the school house was not determined by the 
electors, it would be wiser for the directors to sell at public 
sale. 

Custodians of school property. 

109. The board of directors is custodian of the school 
property, and may permit the use of the school house for 
other than strictly school purposes, if such purposes are not 
detrimental to the morals of the community or injurious to 
the school buildings. Should any money be derived from 
such sources, it should be considered part of the school -fund. 
If the school property is being injured or the purpose for 
which the building is used is improper, any elector can take 
legal proceedings to remedy such matters. 

110. A district board has the control of the school 
house, and cannot be compelled to open the house for other 
than school purposes, even though the citizens of the district 
so request. 

111. As the school board of any district has the control 
of the school house, if the board sees fit to permit the use of 
the school house for a subscription school it has the right to 
do so. It may also permit the use of the text books owned 
by the district. It has no right to permit the use of the dis- 
trict's firewood or to in any way make an expenditure of the 
district's money for the subscription school. 

112. If the directors authorize the use of the school 
house for election purposes, the teacher is entitled to pay for 
time thereby lost. 

Suspend or expel pupils. 

113. In the absence of any rules and regulations pre- 
scribed for the government of the schools by the board of 
directors, it is within the power of the teacher to make such 
reasonable rules and regulations, and to enforce them, in the 
same manner, subject always to the supervision of the board 
gf directors. 

J66 



DIRECTORS § 124 

114. It is the right and duty of a school board to ex- 
clude from a public school a boy of school age who is an 
imbecile. 

115. It is the duty of the board of directors to see that 
school children are vaccinated when required to da so by the 
local board of health. 

116. Under the constitution and laws of this state the 
board of directors of any district have power to establish 
reasonable rules and regulations for the government of the 
schools under their charge, for controlling the conduct of 
teachers and pupils, not only while in the school room, but 
while going to and froTU the school, and such reasonable 
rules and regulations may be enforced by suspension, expul- 
sion or corporal punishment, as the board of directors may 
determine. 

117. The power to expel or suspend a pupil from the 
privileges of the schools of Colorado is conferred by law 
solely and exclusively' on the school board, and no teacher 
has the right to perform that act. 

118. A teacher has power to temporarily suspend a 
pupil, at least long enough to notify the board of the causes, 
and ask that such pupil be suspended; and the board would 
be justified in acting upon such recommendation, although 
the teacher would have no power himself to make such sus- 
pension. 

Number of teacUei^s — time employed. 

119. The law gives school directors the sole power to 
arrange the length of the term, number of teachers to be 
employed, grade of work to be done, etc., in the public 
schools of the district. 

120. A school board has the right legally to appropriate"* 
money to carry on a second or third school to be located in 
various parts of the school district when the location of the 
school population seems to demand such an arrangement to 
justly provide educational privileges for the greatest pos- 
sible number of children residing in the district. 

121. If a teacher is engaged by the year at an annual 
salary, vacations are not deducted. If he is employed by the 
month, and paid a fixed sum per month, vacations are de- 
ducted, if there is no contract to the contrary. A teacher 
could just as lawfully claim pay for the long summer vaca- 
tion as for the customary holiday vacation. 

122. A teacher cannot be legally dismissed before the 
expiration of the time for which she is engaged "without 
good cause shown," and if so dismissed she can collect full 

167 



§124 DIRECTORS 

salary; Provided, She holds herself in readiness to fulfill 
her part of the contract. 

123. The board of directors has no right to deduct from 
a teacher's salary for legal holidays occurring during the 
school term. 

124. A teacher may collect salary for the number of 
months specified in the contract entered into with the board 
of directors of the school district where he teaches; Pro- 
vided, The directors have not contracted with the teacher to 
pay wages in excess of the revenues for the year. 

125. If a teacher is ready to begin school at the time 
specified in his engagement, and owing to neglect of duty 
on the part of the school board, cannot do so, he is not 
compelled to make up the time thus lost, but is entitled to 
his salary from the time specified in such engagement. 

126. There is no law authorizing a teacher to draw his 
salary for the two weeks spent in attending the normal 
institute. 

127. If the board of directors closes the term of school 
before the expiration of the time contracted for, the teacher 
being ready to fulfill his part of the contract, the board is 
liable for the teacher's salary for the full term agreed upon. 

128. If, with the consent of the directors, a teacher 
holds school on a legal holiday to make up for a 'day lost, 
the teacher is entitled to pay for the full month. 

129. The teacher has a right to her hour's intermission 
at noon, pro-viding she teaches the requisite six hours 
through the day. She is required to teach school from 9 
a. m. until 4 p. m., unless the board gives h^r permission 
to finish at an earlier hour. 

130. When a teacher begins work without having en- 
tered into a definite verbal or written contract with the 
school board which employs her, she has a right to leave the 
school at any time, and the school board has the right to 
discharge her at the end of the first month's work, and also 
to employ another teacher. 

131. A school board cannot compel a teacher to make 
up time lost during the time a school was closed because of 
the prevalence of a contagious disease; Provided, Said 
teacher holds himself in readiness to teach, subject to the 
order of the board. 

132. To be entitled to his salary for the day, the teacher 
should remain in the school room after the hour of opening, 
both forenoon and afternoon, a sufficient time to determine 
that no pupils will be in attendance. 

133. Under a written contract with a school board to 
teach a stated length of time, a teacher is entitled to com- 
ics 



DIRECTORS § 124 

pensation for the full time, although the school should lapse 
by reason of the residents leaving the district; provided the 
teacher has fulfilled her part of the contract and expresses 
her willingness to complete the requirements of her agree- 
ment. 

134. A teacher is under no obligation to make up time 
lost when school is closed for the purpose of repairing build- 
ings. If a teacher absents himself a day or more from his 
work, he himself being responsible for the loss of time, he 
must make good the loss of time or forfeit his pay. 

135. A teacher is not entitled to receive pay for the 
time lost while attending a teachers' examination. 

136. The point of the teacher's failure to hold himself 
in readiness to teach is not sufficient cause for refusing to 
pay him for the time the school was quarantined, since he 
was there when his services were required and the board 
suffered no actual damage by his absence. 

Furnish clothing for indigent children. 

137. There is no law authorizing the school board to 
pay from the fund the board of children who live a distance 
from the school. It is the duty of the school board, how- 
ever, if the parent, by reason of poverty, cannot properly 
clothe the child, to furnish necessary clothing and pay for 
the same out of the school fund by warrant, drawn as in 
other cases, but even this fact must be shown to the satis- 
faction of the board. 

Use of district funds. 

138. The school funds cannot be legally used for de- 
fraying the expenses of a singing school. 

139. A school board cannot legally loan the money of 
the district. 

140. A school board cannot legally contract for the 
work of instructing high school pupils to be done by a pri- 
vate party or corporation and pay for it out of public 
school funds. 

141. A director of a school board has no right whatever 
to draw money from the funds of a school district to pay for 
his child's board while attending school in another district. 
Any member so misappropriating the funds of the district 
can be compelled by process of law to refund the money. 

142. When funds are used in violation of the law, any 
elector of the district or any county superintendent has the 
right, and it is his duty, at any time after said funds have 
been so used, to bring suit to recover the same, the mem- 

169 



§124 DIRECTORS 

bers of the school board that signed the illegal warrants 
being liable for the amount involved. 

143. If an attorney is employed to defend an action 
brought against the district, then the district must pay his 
fees; but if brought against the individual directors, they 
must pay their own attorneys' fees. 

144. The law makes no provision whereby the board of 
directors of a district can appropriate school money to pay 
special teachers for the pupils of said district who are un- 
able to attend the regular school. 

145. In regard to payment for transportation of pupils 
to and from school, there is no direct provision of the law 
authorizing such action, except in consolidated districts; but 
it might properly be done by unanimous consent of all the 
electors paying school tax. There is no law authorizing the 
school board to pay from the fund the board of children who 
live a distance from the school; but the board can, however, 
upon a unanimous vote of the tax-paying electors, pay for 
such board from the special fund. 

Special levy. 

146. In any district of the third class a levy on taxable 
property must be made by the qualified voters when assem- 
bled at any regular or special meeting, and such levy cannot 
be made by board of directors. 

147. There is no limit to the special levy in first and 
second class districts. 

148. When the electors have voted a definite special 
levy for building a school house, the board cannot spend in 
building said school house more than the proceeds of said 
special levy, unless so directed by the electors. 

149. The right to levy a 1-10 of a mill tax for library 
purposes in school districts rests entirely with the school 
board. A vote of the electors of the district is not necessary 
for this purpose. 

Debts. 

150. A member of the board has no authority to con- 
tract any indebtedness against the district, as contracts of 
such indebtedness can only be made by a majority of the 
board at a regular meeting. 

151. A debt can only be contracted by a majority of the 
members of the board at a regular meeting, or at a special 
meeting called for that purpose; and as the auditing of bills 
is entirely separate from contracting them, it follows that 
they must be performed at different times. 

17©- 



DIRECTORS n24 

Payment — general fund. 

152. It is legal to draw on the general fund to pay the 
janitor who is employed in a school. 

153. The general fund may be used for building, fur- 
nishing or erecting additions to school houses, or for im- 
proving the school house, sites or lots, only after the expense 
of maintaining the school for a period of ten months is one 
year shall actually have been paid. 

154. The general fund may be used only for teachers' 
wages and necessary current expenses until the school has 
been conducted for a period of ten months in one year. 

155. All moneys remaining to the credit of any district 
on June 30 should remain to the credit of such district, and 
cannot be turned into the general school fund of the county 
for reapportionment. 

Payment — special fund. 

156. Insurance premiums and attorney's fees are not 
expenses "incidental to the support of a public school," and 
therefore must not be paid from the general fund, but from 
the special fund only. 

157. If any surplus funds remain in the special fund 
over what is necessary to meet the regular current expenses 
of the district, such surplus may be used to pay past indebt- 
edness. 

Contracts other than teachers'. 

158. A school board can legally let a contract to a man 
whose wife is a member of the school board, as the fact that 
the wife is a member — and is, therefore, excluded from being 
a party to a contract with the district — would in no way 
affect the husband, *who is not a member of the school 
board. 

159. A contract made and agreed to by the majority of 
a school board at a regular meeting, of which due notice 
has been given, is a legal contract if properly entered into 
in all respects. It is not in the power of one member of a 
board to block the action of the board by his refusal to do 
his duty. 

160. A contract made with the president and treasurer 
of a school board would be legal, even if there is a vacancy 
in the office of secretary; and a warrant signed by the above- 
named members under the circumstances mentioned should 
be considered a sufficient warrant for recognition by the 
county treasurer. 

171 



§§ 125-126 DIRECTORS 

161. When a cantract is reduced to writing, it is sup- 
posed to express the intention of the parties; and when such 
intention is clear it cannot be changed by oral evidence. 

Board of health. 

162. The authority of the board of health is paramount 
to that of a school board, and if the board of health passes 
a regulation requiring vaccination of pupils as a prerequisite 
to admission to the school, it is the duty of the school bo^rd 
to carry into effect such regulation. 

163. A bj^-law providing that any pupil infected v/ith 
smallpox, scarlet fever, diphtheria or any other contagious 
disease, should be excluded from the school would certainly 
come within the powers of the board under the statutes. 
There can be no reason why a by-law providing that a well- 
recognized preventive must be resorted to, under pain of 
exclusion from school, would not be equally within the 
powers of the school board. 

125. Directors make financial statement. It 

shall be the duty of the boards of directors of all 
school districts in school districts of the first and 
second class in the several counties of this 'state to 
publish semi-annually, within twenty days after the 
close of business June 30th and December 31st of 
each year, a complete report of the financial condi- 
tions of said school district, showing all receipts and 
disbursements from each and every fund, so item- 
ized as to give the general public definite informa- 
tion as to the financial condition of said district; 
such publication shall be made once in a newspaper 
of general circulation printed and published within 
said district; Provided, That if there be no news- 
paper published within said district, then such 
publication shall be made once in a newspaper 
having a general circulation within said district. 
—S. L. '11, p. 582 

126. Directors make financial statement in dis- 
tricts other than first and second. It shall be the 
duty of the boards of directors of all school districts 

1/2 



DIRECTORS § 126 

in districts other than aforesaid to publish a com- 
plete report annually of the financial condition of 
their districts within twenty days after the close 
of business, June 30th of each year, showing all re- 
ceipts and disbursements from each and every fund, 
so itemized as to give the general public definite in- 
formation as to the financial condition of said dis- 
trict; such publication shall be made once in a news- 
paper printed and published in said district ; pro- 
vided that if there be no newspaper published in 
said district, then such publication shall be made 
once in a newspaper having a general circulation 
within said district.— >Sf. L. '11, p. 583 

127. Penalty for failure to publish. The mem- 
bers of any school board who shall fail or refuse to 
make such publication as aforesaid, shall be sub- 
ject to a fine not to exceed one hundred dollars for 
each offense.— >Sf. L. '11, p. 583 

DRINKING CUPS IN SCHOOLS. 

Note: Chapter 125, Sess. Laws '11, page 333, provides 
that it shall be unlawful for any person or board having 
charge of public places, including schoolhouses, to furnish 
any cup, or permit any cup, or other receptacle, to be used 
promiscuously as a common drinking cup, or to allow the 
same to remain in any such public place unless there shall 
be adequate provision for thoroughly sterilizing the same; 
and provides that any person violating such law shall be 
deemed guilty of a misdemeanor and be fined in a sum not 
less than five nor more than two hundred dollars. 



173 



DISTRICTS 



DISTRICTS, OFFICERS AND ELECTIONS 

128. School districts to be bodies corporate. 

Each regularly organized school district heretofore 
formed, or that may be formed, as provided in this 
chapter, is hereby declared to be a body corporate, 

by the name and style of ^^ School District No , 

in the county of , and State of Colo- 
rado," and in that name may hold property and be 
a party to suits and contracts, the same as munici- 
pal corporations in this state. — i?. ^. 5913 

Lien law not applicable school buildings. 

a. The provisions of the mechanics lien law cannot 
be applied to public school buildings. — Florman v. School 
Dist, 6 C. A. 319 

School property held in trust. 

1). All school property within the district is held by 
the board of directors in trust for the district for the 
benefit of the school. — Florman v. School Bist,, 6 C. A. 319 

Districts estahlished one year. 
1. If a district has exercised the rights and enjoyed 
the privileges of a legally and regularly established district 
for one year it is, according to law, a legal district. 

129. Legal school district — when second class 
districts become first class. Every school district in 
the state which now exercises the prerogatives of a 
school district, and the legality of whose organiza- 
tion has not been legally denied, and which has a 
board of directors, dnly qualified according to law, 
and has exercised the rights and enjoyed the priv- 
ileges of a legally and regularly established district 
for one year, shall be, and is hereby declared to be, 

174 



DISTRICTS §129 

a legal school district, and all district officers shall 
hold office until their successors are qualified. When 
school districts of the second class shall attain a 
school population of one thousand or more, as shown 
by the annual census, at the next regular election 
thereafter, as provided in section 44 of this act 
(there shall be elected one director for three years, 
and one director for four years, and one director 
for five years, and annually thereafter one director 
for five years), as provided for in districts of the 
first class; and the persons so elected, together with 
the directors whose official terms have not expired, 
shall constitute the new board, which board shall 
enter upon the duties prescribed by law for boards 
of directors of districts of the first class. — R. S. 5916 

Note. Section 44 above referred to is section 142 herein. 
Census showing one thousand — directors — election — appointment. 

Note. That portion of section 129 of the School Laws An- 
notated included in brackets has been amended by implication 
by sections 110 and 142 herein, so that, in case the census of 
1912 should show a thousand or more children of school age in a 
second class district, it would be the duty of the two hold-over 
members on the first Monday in May to appoint three members 
of the board to serve until the regular election of 1913, at which 
time two members shall be elected for six years, one member for 
four years and one member for two years. In case the census 
showed such number of children in 1913, then two members 
should be elected for six years and one for four years. If such 
showing were made in 1914, then three members should be ap- 
pointed until the regular election of 1915; and then and there- 
after the same procedure as above should be followed, and all 
vacancies occurring in even years should be filled only until the 
next regular biennial election, and then elected in numbers and 
for periods of time to correspond with the provisions of section 
110 herein. 

First class falling deloio one thousand. 
1. If a district was organized as a first class district at 
one time and should later fall below a thousand in the school 
population, there is no provision of law for changing the 
number of electors or from biennial to annual election. 

175 



§§130-131 DISTRICTS 

130. Legal districts — what constitutes. All 

school districts now formed, or which may hereafter 
be formed, which shall continue to exercise, undis- 
puted, the prerogatives, and enjoy the privileges of 
a legally formed district, for the period of one year 
next succeeding the election of its officers, shall be 
deemed to be a legally formed district, and its le- 
gality shall not thereafter be questioned. — R. s. 5917 

School district operating one year. 

a. The provision of law that any school district which 
shall exercise the undisputed prerogatives and enjoy the 
privilegies of a legally organized district for a year shall be 
deemed to have been legally established is a wholesome and 
legitimate statute of limitations entirely within the power of 
the legislature, and if a school district brings itself within 
such terms its organization cannot be questioned. — Shaiv v. 
Lockett, 14 C. A. 413 

ORGANIZATION OF DISTRICTS, ETC. 

131. Organization of new districts — petition — 
unorganized territory. For the purpose of organiz- 
ing a new district out of a portion of one or more 
old districts, the parents of at least ten children of 
school age residing within the limits of the pro- 
posed new district, shall petition the county super- 
intendent, in writing, which petition shall describe 
the boundaries of the proposed district, and the 
names of all children of school age residing in such 
proposed district at the date of said petition; and 
said list of names shall be held to be the census list 
of said district until the next regular census shall 
be taken, and if any names are found on said list, 
and also on other census list for the current year, 
if the county superintendent is satisfied [that] the 
children so named are bona fide residents of the 
proposed district, he shall strike such names from the 

176 



DISTRICTS §131 

lists of the old districts, when the organization of 
the new district is complete. If, in the judgment 
of the county superintendent, the school interest of 
the districts affected by the proposed change will 
be best promoted by said change, he shall direct 
some one of the petitioners who is a legal voter, to 
notify each elector residing within the district so 
to be formed, by personal service as far as conven- 
ient, and to post a notice in three public places in 
said new district, that such petition has been made, 
and that a meeting will be held, naming the time and 
place for such meeting, to determine the question of 
the proposed organization. People living upon un- 
organized territory may organize themselves into a 
school district at any time, without a petition, if 
a majority of the legal voters residing within the 
proposed district shall so decide at a meeting, of 
which reasonable notice has been given to all resi- 
dent voters, and which meeting shall be conducted 
as is now provided by law for the organization of 
new districts; Provided, That, in addition to the 
copy of the proceedings now required by law, the 
secretary shall also transmit to the county super- 
intendent a certified list of all children of school 
age who are residents in good faith in said district 
at the date of the organization, which list shall be 
held to be the census list of said district until the 
next regular school census.— ie. S. 5907 

Mandamus not control discretion. 

a. Mandamus will not lie to control the discretion of a 
public school official. — Eeefe M. & I. Co. v. School Dist., 33 
C. 513 

State board cannot change boundaries. 

h. The state board of education has no power, upon 
appeal from the county superintendent, to change the bound- 

177 



§ 131 DISTRICTS 

aries of a schooi district as established by the electors.— 
People V. VanHorn, 20 C. A. 215 

Electors fix boundaries new district. 

c. After a petition to organize a new school district 
out of a portion of one or mare old districts has been pre- 
sented to the county superintendent, and he is determined 
that the school interests will be best promoted by such 
organization, the sole power to determine the organization 
of such district and the boundaries thereof is vested in the 
electors; and such a district cannot be organized or its pro- 
posed or established boundaries changed by the board of 
directors, the county superintendent or the state board of 
education. — People v. VanHorn, 20 C. A. 215 

Organization — num'ber of children. 

1. A new district, with fewer than ten persons of school 
age residing therein, cannot be legally organized out of a 
portion of one or more old districts. 

2. Renters renting by the year, and having no other 
home, may send their children to the school in the district 
in which they reside, and that district may enroll them; or, 
in other words, they can be counted among the ten necessary 
to farm the district. 

3. In the organization of a new district, it is legal to 
take cognizance of persons of school age residing within the 
limits of the proposed new district, whether the said persons 
are on the census list or not. 

4. The law provides for no definite number of children 
in order to organize a school district from unorganized terri- 
tory, nor is there any limitation on the size of the district. 

Territory — size — valuation — children. 

5. No district shall hereafter be divided for the purpose 
of forming a new district — 

<i. Unless it contains an area of more than nine square 
miles and has forty children of school age, and the portion 
remaining contains not less than twenty children of school 
age; 

h. Or has an assessed valuation of more than $20,000 
and forty children of school age, and the portion remain- 
ing contains twenty persons of school age. 

Organization — voters — petitions. 

6. At the meeting held for the purpose of determining 
whether ot not a new district shall be organized, only those 
living within the boundaries of the proposed new district 



DTSTRTCTS §1^1 

have a right to vote. Those living in the district or districts 
from which the new district is to be formed have no voice in 
the matter. 

7. A two-thirds vote of the electors of the proposed new 
district is necessary in order to organize a new district from 
old districts. 

8. It is not required by law that the petitioner for ter- 
ritory to be annexed to a school district should be the owner 
of such territory. 

9. Organized territory cannot be legally detached from 
one district and added to another by the county superin- 
tendent without a petition from the residents of the terri- 
tory, except in cases where the boundaries are conflicting. 

10. A portion of unorganized territory may be annexed 
to a school district by the county superintendent upon peti- 
tion o'f the majority of the legal voters resident within the 
territory to be so annexed. 

11. More than one section of unorganized territory may 
be added to the district upon petition to the county super- 
intendent of a majority of the legal voters within the terri- 
tory. 

Organization optional with county superintendent. 

12. In the matter of the presentation of a petition for 
the organization of a new district, the statute leaves it en- 
tirely to the discretion of the county superintendent whether 
or not he will call such meeting, or whether or not the best 
interest of the districts will be promoted by such change. 
The matter is not subject to review by the state board of 
education, unless it appears that there is an absolute abuse 
of such discretion. 

13. It is not within the province of the state superin- 
tendent to take any part whatever in the organization of a 
new school district, but as a member of the state board of 
education she may pass upon the legality of such organiza- 
tion on appeal from the decision of ihe county superin- 
tendent. 

14. The matter of organizing new school districts is 
one mainly in the discretion of the county superintendent 
of schools, subject to the provisions of section 132 of the 
school law, providing that no city or town shall hereafter be 
divided into two or more districts, and the districts of the 
first class shall not be divided except upon a vote of the 
electors of the district, and that no district shall be divided 
for the purpose of forming a new district unless it contains 
more than nine square miles, or an assessed valuation of 
$20,000 and forty children of school age, nor unless the re- 

179 



§132 DISTRICTS 

maining portion of the district shall contain twenty or more 
persons of school age. 

15. The county superintendent has the right to exercise 
his own discretion in regard to the annexation of a portion 
of one district to another. 

16. The county superintendent is under no obligation 
to transfer territory from one district to another, even 
though a petition as prescribed by law has been presented to 
him asking for such transfer. He will change boundary 
lines only when in his judgment the educational interests of 
the districts affected will thus be best promoted. 

132. Nev/ districts — how organized — election of 
directors. The qualified electors of such proposed 
new district when assembled in accordance with the 
notice above required, shall organize by electing a 
chairman and secretary. Every legally qualified 
elector, and none other, shall be entitled to vote at 
such meeting. After the organization of such meet- 
ing, as above mentioned, a vote shall be taken by 
ballot on the question whether or not the proposed 
district shall be organized. Those in favor of or- 
ganization shall vote ^^yes," and those opposed 
^^no." If two-thirds of the legal voters so voting 
are found to be in favor of such organization, and 
not otherwise, the meeting shall proceed to elect by 
ballot a. board of directors of said district, who shall 
hold office until the ensuing regular election, as pro- 
vided in section forty-four of this act. The secre- 
tary of said meeting shall immediately transmit to 
the county superintendent a copy of the proceedings 
of the meeting, upon receipt of which, if the pro- 
ceedings are found to have been in accordance with 
law, he shall establish and number such district 
and enter a record of the same, and of the proceed- 
ings of the meetings, as provided in section twenty- 
four of this act; Provided, If such organization of 

180 



DISTRICTS §132 

a new district works great hardship to any head uf 
a family, a statement of the facts may be submitted 
to the superintendent, and two disinterested persons, 
one to be named by the superintendent and one by 
the person affected, and if, in their judgment, good 
cause be shown for the transfer, he may be trans- 
ferred to another district ; Provided, further, That 
no district shall hereafter be divided for the pur- 
pose of forming a new district, unless it contains an 
area of more than nine square miles or has an as- 
sessed valuation of more than twenty thousand dol- 
lars and forty children of legal school age, nor shall 
a district be divided, if by so doing the remainder 
of the district shall be found to contain less than 
twenty persons of school age, and, when practi- 
cable, the district shall conform to government 
lines; Provided, also. That no city or town shall 
hereafter be divided into two or more districts, nor 
shall the districts of the first class be divided, ex- 
cept upon a vote of the electors of the district, sub- 
mitted at an annual election, a majority of all 
the votes cast being in favor of such division. 
~R. S. 5908 

Note. Sections 24 and 44 above referred to are sections 96 
and 144 herein. 

Tivo-tJiirds vote necessary to organize. 

1. A two-thirds vote of the electors of the proposed 
new district is necessary in order to organize a new district 
from old districts. 

Territory — size — valuation — children. 

2. No district shall hereafter be divided for the purpose 
of forming a new district — 

a. Unless it contains an area of more than nine square 
miles and forty children of school age, and the portion re- 
maining contains not less than twenty children of school 
age; 

181 



§138 DISTRICTS 

b. Or has an assessed valuation of more than $20,000 
and forty children of school age, and the portion remaining 
contains twenty persons of school age. 

3. As to whether, in counting the number of pupils left 
in a district after a division has been made, the count is 
made from the present actual residents or from the number 
contained in the last census list, clearly it is expected that 
twenty persons shall actually be shown to be residing in the 
district after the division is made. 

Teron of office in new district. 

4. Members of a school board elected in a new district 
at other than a general election hold over until the next 
regular election, at which time a president should be elected 
whose term expires in 1914, a treasurer whose term expires 
in 1915, and if such regular election is in 1912, a secretary 
should be elected for one year only; but if such election is 
in 1913 or later, a secretary should be elected whose term 
expires in 1916 or every three years thereafter. 

5. When new school districts are formed out of an old 
district, that portion of the old district that retains the 
original number should be considered the old district, and 
any member of the school board residing in that part of the 
old district that continues to exist as the old district should 
fill out his full term for which he was originally elected. 

Family transferred hack to old district. 

6. If the organization of a new district works a great 
hardship to any head of a family, a statement of such facts 
should be made to the county superintendent, who, with two 
disinterested persons — one selected by him and one by the 
person affected — shall decide whether such family shall be 
transferred back into the old district. 

Text hooks — vote of people. 

7. In case of a new district formed entirely from one 
in which text books are furnished free, the new district 
should be entitled to its pro rata share thereof; but the 
question of supplying additional free text books in such new 
district must be submitted to a vote of the people. 

133. Uniting two or more districts — territory 
annexed or detached — unorganized territory. Two 

or more contiguous districts may be united into 
one district. For the purpose of effecting such 
union, each district shall, at a special meeting legally 

182 



DISTRICTS §133 

called for the purpose, determine by ballot whether 
or not a majority of the legal voters assembled are 
in favor of such union. Those in favor will vote 
''yes'' and those opposed ''no." If a majority of 
the voters present in each district vote in favor of 
a union, a union meeting shall be called by giving 
at least ten days' public notice, at which meeting 
the organization shall be perfected by the election 
of officers and other necessary proceedings, in the 
same manner as provided for the organization of 
districts in section twenty-eight of this chapter: 
Provided, That where a first class district is joined 
in such union with a district, or districts, of a lower 
class, the board of directors of such first' class dis- 
trict shall be held to be the board of directors for 
the united district, and the members thereof shall 
be entitled to serve the unexpired portion of their 
respective terms as such directors of said united 
district ; and the board or boards of directors of the 
lower class districts in said united districts shall 
cease and determine upon notice from the county 
superintendent of schools that such districts have 
been united under the provisions of this act. Upon 
receiving notice from the county superintendent of 
such union of districts, it shall be the duty of the 
county treasurer to transfer all funds belonging to 
said districts to the credit of the new district thus 
formed. Provided, That when one or more of the 
districts so united, previous to the time of being 
united, shall have incurred a bonded indebtedness, 
such districts alone shall be subject to the same, 
and that none of the other districts uniting under 
this act shall be held in any manner subject to such 

183 



§133 DISTRICTS 

indebtedness or interest thereon. A portion of un- 
organized territory may be annexed to a school dis- 
trict, or a portion of one district may be detached 
from said district and annexed to a contiguous dis- 
trict, by the county superintendent, upon petition, 
in either case, of a majority of the legal voters resi- 
dent within the territory to be so annexed, subject, 
always, to the limitation of section twenty-eight. 

Provided, That when there are children of school 
age, residing upon unorganized territory, and a ma- 
jority of the legal voters of such territory shall neg- 
lect or refuse, after being given thirty days' notice 
in writing by the county superintendent, to petition 
to be annexed to a contiguous district, the county 
superintendent may attach such unorganized ten'i- 
tory to a contiguous school district in the same man- 
ner as though such petition had been presented 
to him.— ^. L. '11, p. 580 

Note. Section 2^ above referred to is section 132 herein. 

Uniting upon petition of legal voters. 

1. A portion of unorganized territory may be annexed 
to a district by the county superintendent upcn petition of 
the majority of the legal voters resident within the territory 
to be so annexed; or if a majority shall neglect or refuse to 
present such petition after thirty days' notice, in writing, 
the county superintendent may act as though such petition 
had been presented. 

2. More than one section of unorganized territory may 
be added to the district upon petition to the county superin- 
tendent of a majority of the legal voters within the territory. 

3. A county superintendent has a right to detach a 
portion of one district therefrom and attach it to a contigu- 
ous district upon petition of a majority of the legal voters 
residing within the territory to be so annexed with the con- 
sent of the voters remaining in said district or of those 
residing in the district to which the territory is to be 
annexed. 

4. It would be illegal to detach property from a cer- 
tain school district for the purpose of making it unorganized 

184 



DISTRICTS § 133 

territory, since the only provision made for detaching terri- 
tory is upon petition requesting that it be attached to some 
other district. 

5. Organized territory cannot be legally detached from 
one district and added to another by the county superin- 
tendent without a petition from the residents of the terri- 
tory, except in cases where the boundaries are conflicting. 

6. When a school district has been annulled and its 
territory is being annexed to other districts, people wishing 
to become members of other districts m^y petition to have 
land other than their own, and on which no one is residing, 
annexed with their land to other districts. 

Uniting contiguous districts — vote — notice. 

7. Colorado has no law permitting any of its districts 
to be united with adjoining districts in other states. 

8. The question of whether two or more contiguous 
school districts shall unite may be voted on at the annual 
school meeting in May, provided the required notice for a 
special meeting be given; that is, notices stating the purpose 
of the meeting must be posted at least twenty days before 
such annual meeting. The notices of the annual meeting 
will be sufficient if, in addition to the notice of the election, 
a statement that the question of uniting with such contigu- 
ous district or districts will be voted upon. 

Debts of detached territory. 

9. Territory annexed to a school district is liable for 
the debts of the district from which it was detached to the 

I extent of the tax already levied against such territory at the 
1 time of the division of the district, and this applies to 
1 bonded indebtedness as well. 

! Transferring of territory. 

' 10. A tenant may be set over to an adjoining district, 

I even if the owner of the land objects to it, if done in accord- 
I ance with the provisions of above section. 
i 11. Unoccupied land can only be transferred from one 

; district to another when transferred with other territory 
i upon which people reside. 

12. No provision is made for simply detaching territory 
from a district, so that a person who cannot send a child to 
a school held in the district will be exempted from paying 
the special tax. 

13. The county superintendent cannot transfer terri- 
tory from one district to another, except when both districts 
are located in the county of which he is superintendent. 

185 



§ 134 DISTRICTS 

14. There is no reason why the territory of a duly 
annulled district should not be annexed to an organized 
district, regardless of whether the latter was bonded at that 
time or not, as only the property of the new district which 
was included in the original territory of the bonded district, 
would be liable for the payment of the bonds. 

Annexed territory — census. 

15. If territory is added to a district after the annual 
census of that district has been taken, the names of persons 
of school age residing in the annexed territory should be 
added to the census list of the enlarged district, and the 
latter given its per capita for the total number. 

134. Organization of joint districts. A joint 
school district may be formed from territory belong- 
ing to two or more contiguous counties. For the 
purpose of organizing a joint district, the same pre- 
liminary steps shall be taken, and the same course 
pursued, as is provided for the organization of other 
districts, in sections twenty-seven and twenty-eight. 
Such district shall be designated as ^' Joint District 

No , of the counties of 

and , " and shall be so 

numbered that it shall have the same number in all 
the counties from which it is formed. The petition 
required by section twenty-seven shall be made to 
each county superintendent interested, who shall 
unite in forming such districts; Provided, That the 
school census, the record of attendance at school, 
the assessing of property, the collection of taxes, 
and all other acts which from their nature should 
be separately kept or done, shall be kept and done, 
and the reports thereof made, as if each portion 
of said joint district belonging to each county were 
an entire district in the respective counties. The • 
teachers of such joint district shall have a certificate ' 
from the superintendent of the county in which the > 

1S6 



DISTRICTS §134 

school house is located. No joint district shall be 
annulled except by the consent of the county super- 
intendents of the counties in which such district is 
located; Provided, That when any joint district de- 
sires to be annulled for the purpose of forming sep- 
arate districts, it shall require a majority of the 
voters constituting said joint district, at a meeting 
called for such purpose.— i^. /8f. 5911 

Note. Sections 27 and 28 above referred to are sections 131 
and 132 herein. 

Deputy not necessarily resident of county. 

1. Since there is no statutory law requiring the deputy 
of a county superintendent to be a resident of such county, 
where there is a joint district practically inaccessible to the 
county superintendent of the. one county but easy of access 
to the county superintendent of the other county, the latter 
can be appointed a deputy of the former for the purpose of 
visiting such school in compliance with the law. 

Territory attached or detached. 

2. Territory belonging to a joint district cannot be de- 
tached from OT attached to an adjoining district without the 
consent of all the county superintendents interested in such 
joint district. 

Formed hy dividing counties. 

3. In the organization of new counties by the general 
assembly the county lines, in a few cases, divided organized 
school districts into two parts, leaving the district in two 
counties; in such case the district should be considered as a 
joint district. 

Elections. 

4. The general law in regard to the election of school 
directors applies to a joint district just as to any other. 

Who may vote. 

5. All legal voters who are residents in a joint district 
may vote upon any questions pertaining to school matters of 
said district, save in the matters of bonds, which requires a 
voter to be also a taxpayer. 

187 



§ 135 DISTRICTS 

Secretary's 'bond — warrants. 
6. In a joint district the secretary of such district 
should file a bond in both counties and the board should 
draw warrants on each county treasurer. 

135. When a new district shall be entitled to 
public school money — proviso. No new district, 
formed as provided in sections twenty-seven and 
twenty-eight of this chapter, shall be entitled to 
any portion of the public school money untiFa school 
has actually commenced therein, and unless within 
six months from the establishment of such district 
a school be opened and maintained, as required 
by law, the action making such district shall be 
void, and all actions had by such district, acting as 
a body corporate, shall cease and determine, and all 
taxes which may have been levied in the old district 
or districts out of which the new one was formed, 
shall be valid and binding upon the real and per- 
sonal property of the new district, the same as if 
said new district had never been organized; Pro- 
vided, That the county superintendent may, for 
good cause, extend the said six months to eight 
months ; said time of limitation shall begin to run 
from the time of the meeting at which it was voted I 
to organize the district ; whenever any district shall, 
for the period of one year, fail to maintain a school . 
and to keep up its organization of officers, and to > 
make annual report as required by law, the county 
superintendent may declare such district annulled,, 
and annex its territory to adjoining district or* 
districts.— i^. S. 5910 

Note. Sections 27 and 28 above referred to are sections 1311 
and 132 herein, 

188 



DISTRICTS § 135 

School actually commenced. 

1. A new district is entitled to no portion of the public 
school fund until a school is actually commenced therein. 
This, however, would not necessarily exclude a district 
whose school might be found to be located outside of the 
district line through accident, if the school had been com- 
menced in good faith. 

2. A new school district, as soon as its organization is 
complete, is entitled to its share of the special fund standing 
to the credit of the old district, of which it was formerly a 
part; also to receive each month its share of the uncollected 
special tax; providing, always, that a school has been com- 
menced in the district in good faith. 

Failure to open school within six months. 

3. Failure to open a school in a newly organized dis- 
trict within six months from the date of organization makes 
void all proceedings pertaining to the formation of the dis- 
trict, unless the time for opening a school therein be ex- 
tended to eight months by the county superintendent. 

Territory attached and detached. 

4. Territory annexed to a school district is liable for 
the debts of the district from which it was detached to the 
extent of the tax already levied against such territory at the 
time of the division of the district. 

5. Territory detached from a district which has been 
bonded is not released from taxation to pay both principal 
and interest of such bonds. Such detached territory is liable 
for such taxation until the bonds have been fully discharged, 
the same as if it had remained a part of the original district. 

6. Lands to which title has not been obtained from the 
government at the time school bonds are issued by a district 
of which such lands form a part are not subject to tax for 
the payment of such bonds. Hence, if said lands are set off 
or detached from the district before title is perfected, they 
are not subject to a bond tax in the original district when 
title is complete. 

7. A remote part of the district cannot take steps after 
bonds have been voted, and before they are issued, to set 
Itself apart and form a new district, thus avoiding its lia- 
bility for interest and principal on the bonds. 

Annulment of district. 

8. According to the law, whenever any district shall, 
for a period of one year, fail to maintain a school and keep 
up its organization of officers, and to make an annual report 

189 



§135 DISTRICTS 

as required by law, the county superintendent may declare 
such district annulled, and annex its territory to adjoining 
district or districts, but such action must be taken by county 
superintendent before such district ceases to exist. 

9. There is no law providing for the annulling of a por- 
tion of a district that it may become unorganized territory, 
and it does not seem good policy to do so. 

10. If a district is entirely deserted and has failed to 
make its annual report, etc., as specified in section 135 of 
the school law annotated, the county superintendent should 
declare it annulled, and annex it to an adjoining district 
simply by declaring it so added, and making the proper 
record. The act of uniting the two originates and con- 
cludes with the county superintendent, subject only to the 
restrictions specified in the law. 

11. A district may be annulled when, for the period of 
one year, it has failed to maintain a school, keep up its 
organization of officers, and make its annual report as re- 
quired by law. 

When not annulled. 

12. ''Whenever any district shall, for a period of one 
year, fail to maintain a school and keep up its organization 
of officers and to make its report as required by law, the 
county superintendent may declare such district annulled 
and annex the territory to an adjoining district or districts." 
Therefore the mere fact that school has not been held in a 
district is not sufficient to w^arrant the county superin- 
tendent in annulling the district. 

13. A school district, having kept up its organization 
and maintained a four months' school during the year, can- 
not be annulled for simply failing to make the annual re- 
port, as this failure is chargeable to the secretary, and if 
any damage ensues to the district he should be held on his 
bond. 

14. Four months of school in each school year are nee- - 
essary in order that a district may hold its organization. 
Three months of school are necessary to entitle a district to • 
its share of the public funds. This practically makes four 
months of school necessary in each district. 

15. A district in which there are no pupils of schoali 
age residing may keep up an organization for an indefinite ■ 
time by electing officers and making all necessary reports. 

16. If the county superintendent does not declare the? 
district annulled, and it maintains a public school at least t 
three months of the school year, it shall be entitled to the:^ 
school fund for that year. This does not conflict with thO' 

X90 



DISTRICTS §§136-137 

decisions referred to, since a district is net annulled, except 
as the county superintendent declares it so. 

Disposition of fund — when district annulled. 

17. If a school district has failed to hold school for one 
year, and has failed to keep up its organization, the funds 
belonging to such district should be turned into the county 
general fund, unless its territory is attached to another dis- 
trict, in which case the money should be transferred to the 
district to which it is attached. 

CONSOLIDATED DISTRICTS. 

136. Consolidation defined. For the purpose of 
this act the word ^'consolidation" is hereby defined 
as providing for the abolishment of certain adjoin- 
ing school districts and their organization into one 
special school district, and for the conveyance of 
pupils to one consolidated school. — /Sf. L. '(?P, p. 492 
k 137. School boards may submit question. The 
school boards of two or more adjoining school dis- 
tricts may submit the question of consolidation, and 
upon the petition of not less than one-fourth of the 
qualified electors of such school districts, must sub- 
mit such question to a vote of the qualified electors 
of such districts. For the purpose of determining 
the question, the secretary of the school board in 
each district affected shall, by giving legal notice, 
call a special meeting to be held at the usual place 
of holding school district elections. The legally 
qualified electors when assembled in accordance with 
the notice above specified shall vote by ballot for 
or against such consolidation. Those in favor will 
vote ''For consolidation" — Yes, those opposed, "For 
consolidation" — No. If at said election more votes 
are cast against the proposition for consolidation 
than for it the question shall not be again submitted 

191 



§§138-189 DISTRICTS 

to the electors of said adjoining districts for a pe- 
riod of one year.— 8. L. '09, p. 492 

1. There is no statute which makes several districts, 
consolidated under the act of 1909, liable for the bonded 
indebtedness of one of the districts. It seems that the 
property originally bonded will have to pay the indebtedness 
due. 

138. Call meeting to organize district. If a ma- 
jority of the electors vote in favor of consolidation 
it shall then be the dnty of the school board in the 
district affected which has the largest school enu- 
meration to call a union meeting by giving at least 
twenty days' public notice in each district affected, 
at which meeting the organization of the consoli- 
dated district shall be perfected by the election of 
officers and other necessary procedure. After the 
organization of the union meeting is completed by 
the election of a chairman and secretary it shall pro- 
ceed to elect, by ballot, a board of directors for 
such consolidated district, consisting of a president, 
a secretary and a treasurer, who shall be held to 
constitute the board of directors of such consolidated 
district until the next annual school election, at 
which election one president shall be elected for a 
term of three years, one secretary for two years and 
one treasurer for one year, and annually thereafter 
a person to fill the vacancy occurring. Provided, 
That when a district of the first class is joined with 
a district or districts of a lower class the board of 
directors of said first class district shall be held to • 
be the board of directors of the consolidated dis- 
trict and shall serve out the term for which they 
were elected.— >sf. L. '09, p. 492 

139. Purchase site — erect building — transport t 
children. As soon as the organization of a special! 

192 



DISTRICTS §140 

school district as herein contemplated shall have 
been perfected and its officers elected, it shall be the 
duty of the school board of snch consolidated school 
district, if necessary, to purchase a site and erect 
a suitable building thereon, and said school board 
is hereby required to maintain and support a graded 
course of instruction, and may include a high school 
course of not less than two years, and may at its 
discretion furnish transportation to and from school 
to all pupils living one mile or more from the con- 
solidated school or building. Said distance to be 
measured from the enclosure immediately surround- 
ing their residence to the school house property 
along the public highway, provided, that the person 
or persons employed for the purpose of transporting 
the pupils to and from school shall be required to 
give a reasonable bond for the faithful perform- 
ance of duties as prescribed by the school board. 
—S. L, '11, p. 579 

140. When new district entitled to share of 
funds — apportionment. When a new district is 
formed from one or more old ones, the school funds 
remaining to the credit of the district, after pro- 
viding for all outstanding debts, excepting debts in- 
curred for building and furnishing school houses, 
shall be divided as follows: The basis of division 
for the school fund shall be the school population, 
as shown by the last school census before the di- 
vision of the district or districts occurred, and shall 
\ apply such funds as remain to the credit of said 
: old district or districts at the time of the organiza- 
I tion of said new district, and each district shall re- 
: eeive funds in proportion to its per cent, of the said 
census. In case of division, each district shall own 

193 



§ 140 DISTRICTS 

and hold all permanent property, such as sites, 
school houses and furniture, situated within its 
boundaries. All division of funds under this pro- 
vision shall be made by the county superintendent, 
and when there are unpaid special taxes on the 
county tax book belonging to a district at the date 
of its division, the county treasurer, upon being no- 
tified of such division by the county superintendent, 
shall retain all money received in payment of said 
special tax until the same shall be apportioned by 
the county superintendent, whose duty it shall be 
to apportion said money monthly, between the frac- 
tions of the divided district, according to the loca- 
tion of the property on which said tax was levied. 
At the first apportionment after the organization of 
a new district, the county superintendent shall ap- 
portion to such district its per capita proportion 
of the general fund, but no money, either from the 
general or special fund, shall be paid out of the 
county treasury on account of such district until 
a school [house] shall have been begun therein in 
good faith.— i^. s. 5912 

When district cannot de annulled. 
1. The above section of the school law provides foT dis- 
tributing any school funds remaining to the credit of a dis- 
trict when a new one is formed from one or more oid ones; 
but there is no law providing for the payment of the indebt- 
edness of a district in case it should be disorganized and 
wiped out of existence. The legislature never intended that 
a schooi district should be disorganized until all its out- 
standing obligations are provided for. The superintendent! 
may declare the district annulled, and at the same time 
provide, in the order in which it was contracted, for the pay- 
ment of such indebtedness by the district to which the terri-. 
tory should be attached, providing such district should con- 
sent thereto. He certainly should not make an order annul- 
ling the district until some provision is made for the pay- 

194 



DISTRICTS § 141 

ment of' its outstanding warrants; and if he nas aone so, in 
any case it could not have the effect to cancel such indebt- 
edness or make it invalid. 

Teacher's contract. 
2. When a school district has been divided, in the 
division of funds between the old district and the newly 
organized district the clause in above section which stat^ 
that ''after providing for all outstanding debts, etc.," cannot 
be interpreted to mean contracts made with teachers for 
certain months of school which are yet untaught. No debt 
exists foT the months of teaching which are yet to come. 

141. Districts may hold real estate — proviso. It 

shall be lawful for any school district in this state 
to take and hold, under the provisions of any law 
now or hereafter in force providing for the exercise 
of the right of eminent domain, so much real estate 
as may be necessary for the location and construc- 
tion of a school house and convenient use of the 
school; Provided, That the real estate so taken 
otherwise than by the consent of the owner thereof, 
shall not exceed in districts of the first class, three 
acres, if real estate be unplatted, and not exceeding 
one block if real estate be platted, and in districts 
of all other classes, not exceeding one acre. 
—R. 8. 5914 

Note. Chapter 31 referred to is the chapter on "Eminent 
Domain."— R. S., chap. xlv. 

Qualified fee in land. 

a. A conveyance of land to a school district by a quit- 
claim deed, subject to condition that the land should be 
used for school purposes, and when not so used should re- 
vert to grantor, vests a qualified fee in a district, and 
until it ceases to use the same for school building the 
grantor is divested of all interest in the land. — D. d S. F. 
R'y Co. V. School Dist., 14 C. 327 

Power to condemn. 
1. Upon showing that such action is necessary for the 
location and construction of a school house and convenient 
use of the school, directors may, under the "Eminent 

195 



§141 DISTRICTS 

Domain Act," condemn land as above provided, and the 
owner must accept the amount of damage awarded. 

2. Section 15, article 11, of the constitution, gives the 
right, and chapter 45 of Revised Statutes provides a com- 
plete plan, of procedure for condemning private property for 
public use. 

i^ Belongs to school district. 

3. When land has been taken by a school district under 
the provisions of the ^'Eminent Domain Act," if it has been 
used for school purposes and no other, it belongs to the 
school district, and not to an individual who has recently 
made purchase of the quarter section of which such acre is 
a part. The individual purchasing the land cannot collect 
rent from the district and cannot demand pay for the land. 

Title obtained through individual. 

4. A school district cannot perfect a title to land, as 
this is the power of an individual only. Before the district 
purchases the land the patent should be issued to some one, 
otherwise the title would be insecure. 

Building on school land. 

5. There is no authority in law giving the privilege to 
build upon school land without first receiving a grant from 
the state land board. Upon application to the register of 
such board, accompanied with plat and field notes of the 
survey, one acre will be granted your district for school 
purposes. 



196 



ELECTIONS 



142. Annual elections — notices posted — publica- 
tion — ballot. The regular election for electing mem- 
bers of school boards or boards of education shall 
be held biennially in each school district of the first 
class, and annually in each school district of the 
second and third classes on the first Monday in 
May, beginning with the year 1911, at which time 
it shall be lawful in school districts of the third 
class to transact any business pertaining to schools 
and school interests. 

The secretary of each school board shall cause 
written or printed notices to be posted, specifying 
the day and the place or places of such election, the 
boundaries of election precincts, if any, and the 
time during which the ballot box or boxes shall be 
kept open, not less, however, than three hours in 
districts of the second and third classes, and further 
specifying at what hour and place any other busi- 
ness shall be transacted. In districts of the lirst 
class the ballot box or boxes shall be kept open 
from seven o'clock a. m; to seven o'clock p. m. Said 
notices shall be posted in at least three public places 
in the district, and additionally at each school house, 
at least six days prior to the time of election; and 
in districts of the first class, said notice shall be 
published weekly for the four weeks next preced- 
ing such election, .n some newspaper published in 
the district, and if there be no paper published in 
such district, then in a paper published in an ad- 
joining district; provided that in those districts hav- 
ing a school population of more than three thousand 

197 



§142 ELECTIONS 

the said notice shall be posted as aforesaid- at least 
eight weeks previous to the time of election and 
published in a newspaper as aforesaid once each 
week for a period of eight weeks next preceding 
such election. If the secretary shall fail to give 
such notice, then any two legal voters residing in 
the district may give such notice over their names, 
and such election may be held after the day fixed 
by this act for such election. — ^. L. 'ii, p. 588 

First class district — section amended. 
Note. Section 142 herein provides that the regular election 
for electing members of school boards in first class districts shall 
be held biennially on the first Monday in May, 1911. Section 110 
provides that at the regular election in 1913, and every six years 
thereafter, there shall be elected two directors; in 1915, and 
every six years thereafter, two directors; in 1917, and every six 
years thereafter, one director; and that the term of office of all 
directors of first class districts shall be six years. This means 
that the vacancy occurring by the expiration of the present five- 
year-term director, expiring in 1912, must be filled by the board 
until the regular election of 1913, at which time another five- 
year term will have expired, and two directors can then be 
elected for six years, in accordance with the present law. In 
1914 another five-year term expires, to be filled by the board 
until the regular election of 1915, when another expires, and two 
members can be elected for six years. In 1916 the last five-year 
term expires, and the vacancy must be filled until the regular 
election of 1917, when the fifth member of the board is elected 
for six years. 

Directors — second and tiiird class districts — election. 

Note. Prior to the enactment of Section 110 herein second 
and third class districts were grouped under three general heads, 
on account of the fact that like officers were elected in different 
years. This classification will no longer exist after 1913, as the 
present law provides that the term of the president in all second' 
and third class districts shall expire in 1914, that of the treas- 
urer in 1915 and that of the secretary in 1916. Until the election) 
of 1914, however, the various oflficers should be elected in the 
different groups at the general school election in the years and 
for the periods of time, as follows: In the first group, organized 
prior to March 20, 1877, in 1912, a president for two years; if 8 
vacancy in oflEice of treasurer, a treasurer for three years; if e 

198 



ELECTIONS § 142 

vacancy in office of secretary, a secretary for one year. In 1913, 
a treasurer for two years; if a vacancy in office of president, a 
president for one year; if a vacancy in office of secretary, a sec- 
retary for three years. 

In the second group, organized between March 20, 1877, and 
April 4, 1887, in 1912, a secretary for one year; if a vacancy 
exists in office of president, a president for two years; if a 
vacancy in office of treasurer, a treasurer for three years. In 
1913^ a president for one year; if a vacancy in office of treasurer, 
a treasurer for two years; if a vacancy in office of secretary, a 
secretary for three years. 

In the third group, organized since April 4, 1887, in 1912, a 
treasurer for three years; if a vacancy in office of secretary, a 
secretary for one year; if a vacancy in office of president, a pres- 
ident for two years. In 1913, a secretary for three years; if a 
vacancy exists in office of president, a president for one year; 
if a vacancy in office of treasurer, a treasurer for two years. 

In new districts, a board elected at other than a general 
election holds over until the regular election, at which time a 
president shall be elected whose term expires in 1914, a treas- 
urer whose term expires in 1915, and if such regular election is 
in 1912, a secretary for one year only, but if such election is in 
1913 or later, a secretary should be elected whose term expires 
in 1916 or every three years thereafter. 

Census showing one thousand — directors — election — appointment. 

Note. That portion of section 129 of the School Laws Anno- 
tated, 1912, included in brackets has been amended by implica- 
tion by sections 110 and 142 herein, so that, in case the census 
of 1912 should show a thousand or more children of school age 
in a second class district, it would be the duty of the two hold- 
over members on the first Monday in May to appoint three mem- 
bers of the board, to serve until the regular election of 1913, at 
which time two members shall be elected for six years, one 
member for four years and one member for two years. In case 
the census showed such number of children in 1913, then two 
members should be elected for six years and one for four years. 
If such showing were made in 1914, then three members should 
be appointed until regular election of 1915; and then and there- 
after the same procedure as above should be followed, and all 
vacancies occurring in even years should be filled only until the 
next regular biennial election, and then elected in numbers and 
for periods of time to correspond with the provisions' of section 
110 herein. 

Annual election — place — time — notice. 

1. The regular annual election for members of school 
boards is held on the first Monday in May throughout the 

199 



§142 ELECTIONS 

state. Any business pertaining to schools and school in- 
terests may be transacted at that time. Notice, however, 
must be given of the ''time and place" of voting such busi- 
ness. 

2. It is not possible for school districts of the third 
class to have more than one voting place. 

3. The question of whether two or more contiguous 
school districts shall unite may be voted on at the annual 
school meeting in May, provided the required notice for 
a special meeting be given — that is, notices stating the 
purpose of the meeting must be posted at least twenty days 
before such annual meeting; and the notices of the annual 
meeting will be sufficient if, in addition to the notice of 
the election, a statement that the question of uniting with 
such contiguous district or districts will be voted upon. 

Moving 'building — vote. 

4. In order to vote upon the question of moving a 
school building, at an annual election, such contemplated 
business should be stated in the notice. The majority vote 
necessary to carry the same refers to the voters present, 
and not to all the electors of the district. 

5. If on account of unforeseen circumstances the place 
designated in the notice cannot be used for holding the 
election, the nearest accessible place should be utilized and 
a trustworthy elector stationed at such designated polling 
place during voting hours to direct those desiring to vote 
to the new polling place. 

6. The result of a school election must stand as an- 
nounced by the judges until set aside by the courts in a 
contest proceeding. 

Polls open three hours. 

7. A school election in second and third class districts . 
at which the polls are not kept open three hours and the ■ 
voting done by ballot is illegal. 

8. It is unlawful for the ballot box for voting on the 
question of bonding the district to be open at the same 
time as the one for the election of school officers. 

Judges of election. 

9. The fact that there were but two judges at a school I 
election would not invalidate the election, if legally con- 
ducted in other respects. 

Tax levy reconsidered — when. 

10. While the law does not permit the changing of a 
tax levy made at the annual meeting in May and certified 

200 



ELECTIONS §143 

to by the school board of the district, the district would 
have a right to call a special meeting to vote an addi 
tional special tax of two or any other number of mills that 
would be inside the limit up to which a third class dis- 
trict is permitted to levy. 

ScJiool hoard when not hound hy action of electors. 
11. A school board does not have to carry out all 
motions made and carried at the annual meeting of elec- 
tors, unless such motions cover matters upon which the 
electors are entitled to pass. 

143. Electors — directors — qualifications — 
publish names — ballots — registration — county clerk 
furnish — judges^ — challengers— watchers — fraudu- 
lent — voting — oaths — certificate — taxpayers — brib- 
ery — fraud. Every elector qualified to vote at a 
general election, having been a resident of the school 
district for thirty days next preceding the date of 
election shall be entitled to vote at school elections, 
provided that he has been first duly registered as 
hereinafter provided in this act, for districts hav- 
ing a school population of more than three thou- 
sand. 

In districts of the first and second classes any 
person who may desire to be a candidate for the 
office of school director shall file a written notice 
of such intention with the secretary of the school 
district in which he resides at least eight days prior 
to the date for the holding of the election of school 
directors, provided that in districts of the first class 
the said candidate or candidates, in addition to 
filing such written notice shall also file a certificate 
of nomination signed by not less than fifty qualified 
electors of said district, which certificate of nomina- 
tion shall contain the name of the office for which 
such person or persons is nominated, the name, 

201 



§ 143 ELECTIONS 

Post Office address and residence of each of sach 
persons, and if in a city the street number of resi- 
dence and place of business, and the secretary of 
said school district shall, for five consecutive days 
preceding the day of said election publish in some 
daily newspaper published in said district, or when 
no daily newspaper is published in such district, 
then by posting a printed or written notice in not 
" less than five public places in such district and at 
each school house in such district, the names of all 
candidates who have been nominated as above pro- 
vided. 

In districts of the first and second classes the 
said secretary shall have printed ballots prepared 
bearing the names of all candidates so nominated, 
which names shall be arranged in alphabetical order, 
according to the surnames of the candidates; and 
on the ballot shall be printed such words as will in- 
dicate the .number of directors or members of the 
board of education to be elected. All such ballots 
shall be uniform in every respect and of sufficient 
length and width to allow all the names of the can- 
didates to be printed in clear plain type, and so as 
to give each elector an opportunity to designate by 
a cross-mark (X) in a sufficient margin at the right 
of the name of each candidate, his choice of candi- 
dates. There shall be printed on the back of each 
ballot the following endorsement : 

^^ Official Ballot of School District No in 

the County of and State of Colorado," 

together with the date of the election and a fac- 
simile of the signature of the secretary of the school 
district. 

202 



ELECTIONS §143 

In school districts having a school population of 
more than three thousand, no person shall hereafter 
be permitted to vote at any school election, without 
first having been registered in the manner required 
by the provisions of this act. 

Any person possessing all the qualifications of 
an elector in any school district, whose name ap- 
pears on the registration list made according to law 
for the general election of county officers in the 
county in which the school election precinct in which 
such person resides is situated next preceding any 
school election in such district shall be entitled to 
vote at such school election. 

In school districts having a school population of 
more than three thousand, any person possessing .all 
the qualifications of an elector, whose name does 
not appear upon the registration list of the voting 
precinct, in which he resides, made according to law 
for the next preceding general election of county 
officers in his county may, not less than thirty days, 
nor more than sixty days prior to the time of any 
school election, appear before the county clerk of 
the county in which he resides, or if the district is 
not located in the county seat, appear before the 
secretary of the school board of the district in which 
he resides, and, upon making oath before said county 
clerk or district secretary of his qualifications as 
an elector, and answering to said county clerk or 
district secretary all the questions required by law 
to be answered for registration for a general elec- 
tion, cause his name to be placed upon the registra- 
tion list for such school election by said county 
clerk or district secretary. 

203 



§143 ELECTIONS 

The county clerk of each county wh^erein there 
shall be one or more school districts having a school 
population of more than three thousand shall prior 
to the time of holding any election in said school 
district make a full and complete copy of the regis- 
tration list of the qualified voters of each school 
election precinct as the same shall be designated 
and bounded by the board of directors or the board 
of education of any such school district having a 
school population of more than three thousand, 
which list shall contain the names of the qualified 
voters according to the registration list made for 
the next preceding general election of county of- 
ficers, together with such changes, additions and 
amendments as shall have been made by said county 
clerk in making new registrations as provided by> 
this act, and shall certify the same under his hand 
and official seal, and shall deliver the same to the 
secretary of such school district not less than five 
days prior to the time of the holding of an election 
in said school district. 

The said school district shall pay to the county 
clerk as his fee for making and certifying said reg- 
istration lists the sum of one cent for each and every 
name therein contained or added thereto by new 
registration. 

In districts of the first and second classes the 
board of directors or board of education may, not 
less than sixty days prior to the time of the hold- 
ing of any school election divide the district into 
such number of election precincts as they shall see 
fit and fix the boundaries of the same, and in each 
case they shall designate one voting place in each 

204 



ELECTIONS § 143 

of said election precincts. Immediately upon so di- 
viding said districts the secretary of any school dis- 
trict having a school population of more than three 
thousand shall certify to the county clerk of the 
county in which the said district is situated the lim- 
its and boundaries of said election precincts. When- 
ever the board of directors or board of education 
shall divide a district into election precincts they 
shall, prior to the time of holding such election, ap- 
point three judges for each of the said election pre- 
cincts, each of whom shall be a qualified elector of 
the school election precinct for which he is ap- 
pointed, who shall not be members of the school 
board. 

In school districts of the third class the direct- 
ors or members of the board of education shall act 
as judges, and each voter shall prepare his own 
ballot by writing the name of the candidate or can- 
didates for whom he wishes to vote on a piece of 
paper. 

In case one or more judges of election shall be 
absent at the time and place stated in the notice for 
the opening of the polls and ballot boxes, one or 
more duly qualified electors shall be chosen by viva 
voce vote of the qualified electors present to fill the 
vacancy or vacancies. 

Any person offering to vote at any school elec- 
tion in any district may be challenged by any legally 
qualified elector of the district and thereupon the 
judges of election or one of them may require him 
to answer, under oath, such questions touching his 
qualifications as a voter as they see fit. One of the 
judges shall administer to him the oath, as follows : 

205 



§143 ELECTIONS 

''I do solemnly swear or affirm that I am a 
citizen of the United States; that I have resided in 
this state for one year immediately preceding this 
election ; in this county ninety days and in this 
school district thirty days. That I am twenty-one 
years of age and that I have not previously voted 
at this election, so help me God." 

If the person so challenged shall refuse to make 
such oath or affirmation, his vote shall be rejected. 
Each candidate voted upon at any school election 
in any school district shall have the right to appoint 
in each school election precinct any person who is a 
qualified elector of such school district, to remain 
with the polling places during the casting and count- 
ing of votes and the declaration of the result there- 
of. Such watcher may also act as challenger when 
there is reason to believe that any person about to 
vote is not entitled to vote at such election precinct. 
If any elector shall vote more than once or having 
voted once shall offer to vote again at any school 
election or shall deposit or offer to deposit in the 
ballot box at any school election more than one bal- 
lot, he shall be deemed guilty of a crime and upon 
conviction thereof he shall be fined not less than 
fifty dollars and shall be imprisoned in the county 
jail for not less than three months. 

Prior to the time of any school election, the sec- 
retary of each school district of the first class shall 
provide ballot boxes and cause to be prepared two 
duplicate poll-books for each voting place in his dis- 
trict. On the first page of said poll-books shall be 
printed a blank form of oath, to be taken by each 
of the judges of election, substantially as follows: 

206 



ELECTIONS §143 

^^I, , do solemnly swear (or 

affirm) that I will perform the duties of judge of 
election according to law, and to the best of my 
ability ; that I will studiously endeavor to prevent 
fraud, deceit and abuse in conducting same ; that 
I will not try to ascertain how any electors shall 
vote, and if in the discharge of my duties such 
knowledge comes to me, I will not disclose the same 
unless required to do so in some court of justice, 
so help me God." 



Subscribed and sworn to before me this, 
day of A. D 



Judge." 

The said oath shall be taken and subscribed by 
each of the judges of election before any votes shall 
be received. Any of the judges of election shall 
have the power and authority to administer said 
oath. 

The next succeeding several pages of said poll- 
book shall contain in one column, a series of num- 
bers beginning with the number one and in an ad- 
joining column, spaces opposite said numbers, in 
which a judge of election shall write the names and 
addresses of the electors as they respectively present 
themselves for voting. On one of the latter pages 
of said poll-books shall be printed a blank form of 
certificate of return, substantially as follows: 

''To the Board of Education of School District 

No in the County of , in 

the State of Colorado : 

207 



§ 143 -ELECTIONS 

At an election held at in elec- 
tion precinct No of said school district on 

the day of A. D , 

the following named persons received respectively 
the number of votes placed opposite their names for 
the office of director or member of the board of edu- 
cation of said school district, to-wit: 

A. B. received votes. 

C. D. received votes. 

E. F. received *. .votes. 

G. H. received votes. 

The whole number of votes cast was 

The number of excess ballots was 

The number of unused ballots 

J. K., 
0. P., 
L. M-, 
Judges.'' 

In school districts having a school population of 
more than three thousand, when any elector ap- 
pears for voting he shall give his name and place 
of residence to one of the judges. If his name shall 
be found on the registration list, and if the judges 
shall be satisfied that he is a qualified elector, his 
name and address shall be entered by the judge of 
election having charge of the poll-books in the col- 
umn prepared for that purpose provided that it 
shall be entered in each poll-book opposite the same 
number. The other judge shall thereupon write on 
the back of a blank ballot with ink, or indelible pen- 
cil, the number opposite that an elector's name in 
the poll-book, together with his (the judge's) ini- 
tials, and shall hand the ballot to the elector, who 

208 



ELECTIONS §143 

shall retire with it within the enclosure and prepare 
it for casting by marking a cross (X) opposite the 
names of those candidates for whom he desires to 
vote, or by drawing a line or lines through the 
names of those candidates for whom he does not 
wish to vote or by otherwise indicating his choice. 
After having prepared his ballot, the elector shall 
return the same to the judge from whom he received 
it, so folded as to expose the number and initials 
written on the back thereof by the judge, but not 
disclose the marks on the face thereof indicating 
the elector's vote. That judge shall examine the 
number and the initials on the back of said ballot, 
and if they indicate that it is the same one which 
was issued to that elector, the judge shall again 
write his initials on the back of the same, and re- 
turn it to the elector, who shall deposit it in the bal- 
lot-box. 

Provided, however, that at all elections held for 
voting upon a proposition to create or contract a 
debt by loan for the purpose of erecting or furnish- 
ing school buildings, or purchasing school grounds, 
only such qualified electors of the district shall vote 
thereat as shall have paid a school tax in such dis- 
trict for the year next preceding such election. 

If any person shall falsely personate a voter and 
shall vote under the name of such voter he shall 
be deemed guilty of a crime and upon conviction 
thereof, he shall be fined not less than fifty dollars 
and shall be imprisoned in the county jail for not 
i less than three months. 

; It shall be unlawful for any person, directly or 
i indirectly, by himself or through any other person, 

209 



§ 143 ELECTIONS 

(a) To pay, loan or contribute, or offer or prom- 
ise to pay, loan or contribute, any money or other 
valuable consideration to or for any voter to vote 
or refrain from voting at any school election pro- 
vided by law, or to induce any voter to vote or re- 
frain from voting at such election for any particular 
person or persons, or to induce such voter to go to 
the polls, or remain away from the polls at such 
election, or on account of such voter having voted 
or refrained from voting for any particular person, 
or having gone to the polls or remained away from 
the polls at such election. 

(b) To give, offer or promise any office, place 
or employment, or to promise or procure or endeavor 
to procure any office, place or employment, to or 
for any voter, or to or for any other person, in or- 
der to induce such voter to vote or refrain from 
voting at any school election provided by law, or to 
induce any voter to vote or refrain from voting at 
such election for any particular person or persons. 

(c) To advance or pay, or cause to be paid, any 
money or valuable thing to or for the use of any 
person, with the intent that the same or any part 
thereof shall be used in bribery at any school elec- 
tion provided by law, or to knowingly pay or cause 
to be paid any money or other valuable thing to any 
person in discharge or repayment of any money, 
wholly or in part, expended in bribery at any such 
election. 

Any person convicted of any of the offenses men- 
tioned in paragraphs (a), (b) and (c) of this act 
shall be punished by a fine of not less than fifty 
dollars nor more than five hundred dollars, or im- 

210 



ELECTIONS ■ §143 

prisonment in the county jail for not less than six 
months nor more than one year, or by both fine and 
imprisonment. 

If any elector at any school election shall be 
guilty of wilful and corrupt false swearing or affirm- 
ation by any oath or affirmation prescribed by law 
in the conduct of such election, such person shall 
be deemed guilty of perjury and upon conviction 
thereof shall be punished by a fine of not less than 
fifty dollars or to exceed five hundred dollars or 
imprisonment in the county jail not to exceed one 
year. 

If any judge or clerk of a school election shall 
knowingly and wilfully permit any person to vote at 
any school election who is not entitled to vote there- 
at, or shall knowingly and wilfully permit any per- 
sons to vote more than once at such election, or 
shall knowingly and wilfully permit any person to 
deposit more than one ballot in the ballot box at 
such election, or shall be guilty of any fraud in the 
conduct of any such election, or shall knowingly 
permit the commission of any fraud or deceit on the 
part of any other person in the conduct of such 
election, such judge or clerk shall be deemed guilty 
j of a crime, and upon 'conviction thereof shall be 
I fined not less than fifty dollars and shall be im- 
prisoned in the county jail for not less than three 
months.— >Sf. L. 'll, p. 589 

Note. See Qualifications of Electors, article VII, section 1, 
constitution. 

I Change of residence. 

I a. To constitute a change of residence qualifying one 
to vote, the abandonment of the old residence must be 
I actual, and the mere intention to change the domicile, un- 

211 



§ 143 ELECTIONS 

accompanied by an actual removal, does not constitute 
such change. — People v. Turpin, 49 C. 234 

Qualiflcatio7is of electors. 

1. If persons spend the winter in town, voting in the 
town in the fall, and return to their homes in another dis- 
trict less than thirtj^ days previous to a school election, 
they are not entitled to vote, since their action in voting in 
the November election is a declaration of their residence 
in the town. 

2. Every person, male or female, over the age of 
twenty-one (21) years, who shall be a citizen of the United 
States, and shall have resided in this state twelve (12) 
months immediately preceding the election at which he 
offers to vote, in the county ninety (90) days, and in the 
district thirty (30) days, shall be a legal voter at an an- 
nual school election. 

3. In third class districts — that is, districts having 
under 350 school population — the provision of section 143, 
requiring eight days' notice of candidacy, is not applied. 
It is only in districts of the first and second class — dis- 
tricts having over 350 school population — that candidates 
are required to file written notice of such intention with 
the secretary of the school district at least eight days prior 
to the day of holding the annual election. 

4. The fact that an elector is not a taxpayer does not 
disqualify him from holding office, either by election or by 
appointment. 

5. There is nothing illegal in a man and his wife 
being members of the same school board. Since more than 
one director may be elected from the same family. 

When election illegal. 

6. An election is not illegal simply because some per- 
sons were not permitted to vote, even if it is shown that 
such persons had a right to vote. If the ballots excluded i 
would change the result of the election there would be 
strong grounds for contesting the election. The law does 
not provide for the imposing of fines upon members of; 
school boards who have not allowed persons to swear in i 
their votes. 

7. If the candidate who received the twenty votes : 
was not a qualified elector, his election was invalid, and] 
a special election should be called by the board within ten- 
days and notice be given as required for regular election. 

212 



ELECTIONS § 143 

Judges of election must take oath. 

8. A school board of a first class district can not 
legally appoint any one to act as judge of a school election 
without requiring such person to take the oath for the 
same. 

Legal voter. 

9. If you are not a resident of the district you could 
not legally be elected as a director of that district. 

10. Actual residence determines one's voting place. 
The fact that a person has ''taken up" a homestead, but is 
not at the time he offers to vote located upon his home- 
stead, does not deprive him of the right to vote in the 
place of his actual residence; but if a person is holding 
a homestead claim in good faith, he must retain his resi- 
dence in the school district in which said homestead is 
located. 

11. A person who has lived in a district for over a 
year and a half and who, after teaching six weeks in the 
district, goes away for a certain time, expecting to return, 
is entitled to vote in such district if possessed of the other 
legal qualifications. 

When an elector not a taxpayer can vote, 

12. Any person not a taxpayer, but otherwise a legal 
voter, is entitled to vote at a regular or special district 
school meeting upon all matters coming before such meet- 
ing, except upon a proposition to contract a debt by loan. 

13. It is not necessary that an elector voting to place 
free text books in a school should have been a taxpayer in 
the school district for the year preceding the election. 

14. It is not necessary that one should be a taxpayer 
to vote on the question as to where a school is to be held 
or a school building is to be erected. Any legally qualified 
elector has a right to vote on all questions save those re- 
lating to bonded indebtedness. 

Must he taxpayer to vote on bonds. 

15. All legal voters who are residents in a joint dis- 
trict may vote upon any questions pertaining to school 
matters of said district, save in the matter of bonds, which 
requires a voter to be also a taxpayer. 

Who may challenge oath. 

16. A person residing outside of the boundaries of a 
proposed new district has no legal right to challenge a 
voter residing within the same. 

213 



§ 144 ELECTIONS 

17. The president of a school board, when acting as 
a judge of election, can administer the oath to a challenged 
voter, the fact that the president requires the oath being 
equivalent to a challenge. 

Procuring site for school house. 

18. The proposition to build a school house includes 
procuring a site therefor. The interpretation of the law 
relative thereto is: First, that a vote is necessary; second, 
that if the land were purchased without such a vote, the 
sale would be invalid; third, section 143 of the school law, 
will govern the qualifications of voters. 

Who may he director. 

19. A person cannot legally be elected a director who 
is not a resident of the district. 

20. The laws of Colorado do not in any way prohibit 
a saloonkeeper from holding office as a school director, if 
he has been elected to that office in a legal manner. 

21. More than one director may be elected from the 
same family. 

Candidacy — when vacancy occurs. 

22. In the first class district, when a vacancy occurs 
after the advertisement of the regular election, any per- 
son desiring to become a candidate for director, may do 
so by filing a written notice of such intention with the 
secretary of the board at least eight days prior to the day 
of holding the election. If the vacancy occurs after eight 
days before election, the board should fill the vacancy un- 
til the regular election. 

144. Counting votes — special election — excess 
ballots — disposition of poll books — canvass of votes 
— contest. Immediately after the close of the polls 
the judges shall open the ballot box and proceed to 
count the votes polled, and shall continue to count 
without adjournment until finished. If, for any 
cause, no election be held at the regular time, or 
if, upon counting the votes, there be a tie vote for 
any one or more of the officers, a special election 
shall be called by the board within ten days, and 
notice thereof given as required in section 5918 

214 



I 



ELECTIONS §144 

of the revised statutes of the state of Colorado of 
1908, as hereby amended. A failure to give the 
prescribed notice of such special election shall ren- 
der the election void. 

If in school districts of the first class it shall 
be found that the number of ballots in the box or 
boxes exceeds the number of names entered in the 
poll books, the judges of election without unfolding 
the ballots, shall examine the endorsement on the 
backs of the same, and, if in their opinion any one 
or more of them is spurious, they shall be separated 
from the others unopened, and shall not be counted, 
but shall be enclosed in a package by themselves, 
marked ^^ excess ballots" and returned to the bal- 
lot box. A record of the number of such excess bal- 
lots shall be made and certified to the board of di- 
rectors or board of education in the certificate of 
returns. 

As soon as all the ballots shall have been counted 
the judges shall make out the certificate of returns 
in each poll-book in duplicate, under their hands, 
stating the number of votes cast, the number of ex- 
cess ballots, and the number of unused ballots and 
the number of votes received by each candidate 
in both Vv^ords and numerical figures. 

One of the poll-books, together with the regis- 
tration list of voters, shall be enclosed and sealed 
under cover, and forthwith delivered by one of the 
judges to the secretary of the board of education 
or board of directors of said school district. 

After the ballots have been counted they shall 
be returned to the ballot box, together with one of 
the poll-books; the ballot box shall thereupon be 

215 



§144 ELECTIONS 

closed, locked and sealed by the judges of election 
and shall forthwith be returned to the secretary of 
the board of directors or board of education of that 
school district by one of the judges other than the 
one designated to return the poll-books and regis- 
tration list. If the judges of election can not agree 
upon the question of which of them shall return 
the poll-books and registration list, and which the 
ballot box, all three of the judges shall return both 
together. 

Upon receiving the ballot box and the poll-books 
and registration list the secretary of the board of 
directors shall give his receipt therefor. Imme- 
diately upon receiving all the returns of election 
the secretary shall call a meeting of the board of 
directors or board of education to meet not more 
than twenty-four hours later. At such meeting the 
board of directors or board of education shall pro- 
ceed to open and examine the said certificate of re- 
turns and shall canvass the votes cast, and it shall 
be the duty of the said board immediately upon the 
conclusion of such canvass to make out and deliver 
a certificate of election to the candidates who shall 
receive the highest number of votes, or where there 
is more than one vacancy to be filled, to those can- 
didates who shall receive the highest number of 
votes, which said certificate shall be signed by the 
president and secretary of the board and bear the 
impression of the corporate seal of the board. 

The board of education shall preserve the ballot 
boxes unopened and intact until thirty days prior 
to the next school election, when the secretary shall 
open the same and burn their contents, unless the 

216 



ELECTIONS § 144 

board shall be required to produce them in court of 
justice. 

Proceedings to contest the election of any per- 
son declared duly elected as a member of the board 
of education of any district in this state may be 
instituted by any qualified elector of such school 
district. Such proceedings shall be instituted with- 
in ten days after the votes cast at such election are 
canvassed. 

The county court of the county wherein a school 
district shall be situated shall have jurisdiction for 
the adjustment of all contests for the office of di- 
rector or member of the board of education of any 
school district. In such cases the rules of practice 
and procedure in contested elections for the 
office of sheriff shall apply, as far as applicable. 
~S. L. '11, p. 596 

Tie vote — special election. 

1. In the case of there being a tie in the vote of two 
candidates for the same position at a school election, it 
would be necessary to hold a special election for the of- 
fice, in accordance with the rules provided for special 
meetings. 

2. At a school election, in case of a tie vote, it is the 
intent of the school law to provide that notice of another 
election shall be posted within ten days. 

3. In the matter of calling a second special meeting 
for the election of directors in case of a tie vote, the law 
contemplates no such action. In case a special election is 
not called within ten days after the time of holding the 
regular annual meeting, or in case a special meeting is 
duly called within the ten days, but a tie vote is cast, no 
other meeting for the election of directors can be called, 
and the vacancy should be filled by the county superin- 
tendent. 

4. In districts of the second class in case there is no 
regular nominee an election can not be legally held, and 
a special election should be called by the board within ten 
days, or in case of the failure of the board to have prop- 

217 



§ 145 ELECTIONS 

erly called such a special election, the county superintend- 
ent should appoint. 

Power of judges. 

5. The judges must determine who is legally elected. 
They have the power to thro^y out an illegal vote, provid- 
ing it is done before a signed report of said election is 
transmitted to the school board, or the final decision is 
given. A special meeting is only called in case of a tie, 
and must be within ten days after the election. 

Contests — question for courts, 

6. The result of a school election must stand as an- 
nounced by the judges until set aside through legal pro- 
ceedings contesting the election. An election contest is a 
question for the courts to decide. 

7. The county superintendent has no authority to set 
aside an election, as it can only be done by the courts, and 
the county court of your county will have jurisdiction in 
the matter. 

When county superintendent fills vacancy. 

8. If the annual election of school directors is not 
held, and a special election is not called within the re- 
quired ten days thereafter, it then devolves upon the coun- 
ty superintendent to fill vacancies by appointment. 

Old hoard not hold over. - 

9. If an election of school directors is not held, the 
old board does not hold over. The law provides that, with- 
in ten days after election, notice should be posted of an- 
other election. 

Continued meeting. 

10. When a meeting follows after the ballot box has 
been closed at an annual meeting, it may be regarded as 
simply a continuation of the first meeting. 

145. Applies to all school elections. The gen- 
eral provisions of sections 44, 45, 46, shall be appli- 
cable to all school elections, whether general or spe- 
cial, or for whatever purpose held.— 72. S. 5921 

Note. Sections 44, 45 and 46 above referred to are sections 
143 and 144. 

218 



1 



ELECTORS 



146. Qualifications of electors. Every person 
over the age of 21 years, possessing the following 
qualifications, shall be entitled to vote at all elec- 
tions : 

First — He shall be a citizen of the United States. 

Second — He shall have resided in this state one 
year immediately preceding the election at which 
he offers to vote ; in the county, 90 days ; in the city 
or town, 30 days; and in the ward or precinct, 10 
days.— i^. s. 2146 

Note. Section 143 also requires that a person voting at a 
school election, in addition to the above qualifications, must re- 
side in the school district thirty days previous to the school 
election. See also, article X, section 1, of constitution. 

147. Women vote — qualifications. That every 
female person shall be entitled to vote at all elec- 
tions, in the same manner in all respects as male 
persons are, or shall be entitled to vote by the con- 
stitution and laws of this state, and the same qual- 
ification as to age, citizenship, and time of residence 
in the state, county, city, ward and precinct; and 
all other qualifications required by law to entitle 
male persons to vote shall be required to entitle fe- 
male persons to vote.— JR. ^. 2147 

148. Powers of electors at meetings. The qual- 
ified electors of districts of the third class, when 
assembled at any regular or special meeting shall 
have power: 

First — To appoint a chairman and secretary in 
the absence of the regular officers. 

Second — To adjourn from time to time, as oc- 
casion may require. 

219 



§ 148 ELECTORS 

Third — To fix the site for each school house, tak- 
ing into consideration in doing so the wants and 
necessities of the people of each portion of the dis- 
trict. 

Fourth — To order such tax on taxable propert}^ 
of the district as the meeting shall deem sufficient 
for any of the following purposes : To pay teach- 
ers ; to purchase or lease a suitable site for a school 
house or school houses; to build, rent or purchase 
a school house or school houses; and to keep in 
repair and furnish the same with the necessary fuel 
and appendages; for procuring libraries for the 
schools, books and stationery for the use of the 
board and district meetings, and to defray all other 
contingent expenses of the district. 

Fifth — To direct the sale or other disposition to 
be made of any school house, or the site thereof, 
and of such other property, real or personal, as may 
belong to the district, and to direct the manner in 
which the proceeds arising therefrom shall be ap- 
plied. 

Sixth — To transact generally such business as 
may tend to promote the cause of education, in ac- 
cordance with the provisions of this act. 

Seventh — To adopt any rules of order for the 
government of district meetings not incompatible 
with the provisions of this act, and to alter and 
change the same from time to time, as occasion may 
require.— i?. 8, 5955 

Ljvery stable certain distance from school. 

a. An ordinance prohibiting a livery stable in any 
block in which a school building is situated, or in any 
block opposite such a block, without reference to the 
manner in which such stable is constructed, kept or used, 
and without specifying distance, cannot be considered as 

220 



ELECTORS §148 

reasonable, and so is invalid. — Phillips v. City of Denver, 
19 C. 179 

Electors levy special tax. 

d. The power to levy a special tax in a school dis- 
trict of the third class is by statute vested in the electors 
thereof and cannot be exercised by the board of directors. 
—County Comrs. v. R. R. Co., 3 C. A. 398 

Lien law not apply school buildings, 
c. The provisions of the mechanics lien law cannot 
be applied to public school buildings. — Florman v. School 
Dist., 6 C. A. 319 

Who may vote. 

1. Any person not a taxpayer, but otherwise a legal 
voter, is entitled to vote at a regular or special district 
school meeting upon all matters coming before such meet- 
ing, except upon a proposition to contract a debt by loan. 

2. All legal voters who are residents in a joint dis- 
trict may vote upon any questions pertaining to school 
matters of said district, save in the matter of bonds, which 
requires a voter to be also a taxpayer. 

3. It is not necessary that one should be a taxpayer 
to vote on the question as to where a school is to be held 
or a school building is to be erected. Any legally qualified 
elector has a right to vote on all questions save those re- 
lating to bonded indebtedness. 

8ite of school house determined hy electors. 

4. The site for a school building in districts of the 
third class can be selected or changed only by vote of the 
electors taken at the annual meeting, or a special meeting 
legally called for that purpose. 

5. A board of school directors can not legally change 
the site for a school building which has been selected by 
a legal vote of the electors of such district. 

6. When the electors of a school district, at a legal 
meeting, vote to erect a building on the school site of the 
district to be used as a teacher's residence, and vote a 
special tax for that purpose, such action legally authorizes 
the directors of the district to contract for the erection of 
such a building. 

7. The law does not require that a school house shall 
be placed on a public road. 

8. The school board of a third class district has no 
right to move school buildings unless directed to do so by 
vote of the electors of the district. 



§ 148 ELECTORS 

9. The power to fix the site for school houses neces- 
sarily includes the power to fix the location of the school, 
and after a majority of the voters of the district (third 
class) have decided to have the site of the school house in 
a certain portion of the district, it would hardly be held to 
be within the power of the board to defeat the will of the 
electors by establishing a school in some other place. 

10. No petition is necessary to bring the question of 
selecting a site for a school house before the electors con- 
cerned. 

11. The location of a school house is for no definite 
time, and a vote may be taken on the question of moving 
the school house as often as a meeting for the purpose can 
be legally called. 

12. A school district has not a legal site if the school 
is on what was formerly government land, but which land 
has since been filed on under homestead law. 

Building of school house, determined hy hoard, 

13. In building a school house the board of directors 
must keep within the appropriation of the electors. If it 
is desired to spend more money than the original appro- 
priation, a meeting of the electors must be held to deter- 
mine whether they will authorize the additional expendi- 
ture. 

14. The law does not specify the manner in which a 
school board shall proceed in the matter of building a 
school house or whether such board shall advertise for 
bids or not. The board is permitted to exercise discretion 
in the matter, having in view at all times the best interest 
of the district. 

15. A sale of a school house, unless authorized by vote 
of the electors of the district, is void and may be set aside 
in the proper proceedings instituted by any elector of the 
district or by the county superintendent. 

16. The proposition to build a school house includes 
procuring a site therefor. The interpretation of the law 
relative thereto is: First, that a vote is necessary; second, . 
that if the land were purchased without such a vote, the 
sale would be invalid; third, section 143 of the school law. 
will govern the qualifications for voters, 

17. The board has no authority to build a school 
house except when directed to do so by a vote of the dis- 
trict; the fund remaining in the treasury can not be used 
for building a school house, except upon a vote of the 
electors. 

22? 



ELECTORS §14S 

18. School must be held in a building situated within 
the boundaries of the district. 

19. The electors of the district have the power to di- 
rect the sale of the school house and the site and to em- 
power the board to sell to the county commissioners at the 
stated offer if they are so inclined; and there is no law re- 
quiring it to be advertised and sold if the electors wish to 
make a private sale. 

"20. The electors of a district are the only persons 
who have power to levy tax for the purpose of building 
school houses. 

21. Directors of first and second class districts have 
a right to sell a school building when directed so to do by 
the electors at a special meeting called for that purpose. 
Such sale should be made in the manner prescribed by the 
electors, which ordinarily should be at public sale after 
proper advertisement. 

22. The building of a school house as permitted by 
vote of the electors at the last meeting would be lawful if 
the meeting was a legal meeting, even though the vote was 
taken in reconsideration of the question as previously 
passed upon. 

23. The electors of a district when assembled at the 
regular annual school meeting in a district of the third 
class have a right to instruct the school board as to what 
the material of a new school building shall be. 

Taxes, 

24. In regard to the method of raising money to build 
a school building, the law prohibits the issuing of war- 
rants in excess of the revenues of the district for the cur- 
rent year; therefore an arrangement for issuing warrants 
payable in one, two and three years, the qualified voters to 
vote a levy to be collected in one, two and three years to 
pay the warrants, would not be legal. The voters have no 
authority to vote a levy except for the current year and 
it would, therefore, only be possible to raise the money by 
voting bonds for the amount if the electors do not wish to 
levy the whole tax in one year. 

25. In any district of the third class a levy on tax- 
able property must be made by the qualified voters when 
assembled at any regular or special meeting, and such levy 
can not be made by board of directors. 

26. The law requires a majority vote for a special tax 
levy and the amount of the levy should be fixed by the 
electors at a regular or special election. 

223 



i 148 ELECTORS 

Special levy. 

27. After a levy is made for a special purpose in a 
school district, and is also made by the county commis- 
sioners, warrants may be drawn to the amount of the 
revenue for the current year. 

28. There is no limit to the special levy in first and 
second class districts. 

29. There is no law authorizing the levy of a tax for 
a sinking fund, but section 148 of the school law does au- 
thorize the levying of a tax for building purposes. The 
law has been interpreted to mean that the tax levied under 
it must be for a specific purpose, as for building a school 
house, purchasing a site, etc. 

30. The special tax levy should be made previous to 
sending in the annual report of the secretary of the dis- 
trict. The levy can be certified to legally by two members 
of the board. 

31. In the call or notice of a special or annual school 
meeting it is illegal to specify the amount of a proposed 
levy and to require electors to vote for or against the levy 
thus proposed, without discussion or amendment. 

32. When the electors have voted a definite special 
levy for building a school house, the board can not spend 
in building said school house more than the proceeds of 
said special levy, unless so directed by the electors. 

33. While the law does not permit the changing of 
a tax levy made at the annual meeting in May and certi- 
fied to by the school board of the district, the district 
would have a right to call a special meeting to vote an ad- 
ditional special tax of two or any other number of mills 
that would be inside the limit up to which a third class 
district is permitted to levy. 

34. According to legal decisions in this state, a special 
tax can be voted at other than the annual meeting. Para- 
graph 4, section 148, of the school law has been interpreted, 
in connection with the introduction of such section to 
authorize this. 

35. A vote of the electors authorizing a tax levy for 
building purposes is not sufficient. , The vote should include 
both the amount of tax levy and the authority to erect a 
school building. 

Free text-dooks hy vote of people. 

36. In case of a new district formed from one in 
which text books are furnished free, such new district 
should be entitled to it§ pro rata share of those on hand 
and the question of supplying additional free text books 

224 



ELECTORS §148 

in such new district must be submitted to a vote of the 
people. 

37.' The board of directors must furnish books for all 
pupils when instructed to do so by a majority vote of the 
electors of their district, as expressed at any regular meet- 
ing or special meeting called for that purpose. 

38. In regard to a district board furnishing free text- 
books, the provisions of the law mean that a majority of 
the votes cast upon the question of providing free text- 
books for the district shall govern, and not a majority of 
all the electors residing in the district. 

39. The fact that a district has voted to furnish free 
textbooks to its school children, and has done so for a 
number of years, does not permanently bind the district so 
to furnish the text-books. If brought up in the manner 
|)rescribed by law, the district may again vote upon the 
matter. 

Tuition. 

40. Section 124 herein provides that when a pupil re- 
sides remotely from the school house in his district, and a 
school house is more accessible in an adjoining district, 
he shall be permitted to attend the latter and be granted the 
same privileges as a resident pupil. This right is manda- 
tory on both boards of directors, and can only be defeated 
on the ground of insufficient room in the latter district, 
and the board of his district is obliged to pay the tuition 
agreed upon by the two boards, or, upon their failure to 
a,2,ree, that fixed by the county superintendent. 



225 



: 



EXAMINATIONS 



149. Examination of teachers — deputy — com- 
pensation. On the third Thursday in August, De- 
cember and March in each year he shall meet all 
persons, of not less than eighteen years of age, de- 
sirous of passing an examination as teachers, in some 
suitable room at the county seat, notice of which 
shall be given in some newspaper in the county, or 
in case there is no paper published in the county he 
shall give such notice as may by him be deemed 
necessary, at which time he shall examine all such 
applicants in orthography, reading, writing, arilli- 
metic, English grammar, geography, history, and 
constitution of the United States and the constitu- 
tions of Colorado, civil government, physiology, nat-. 
ural sciences, theory and practice of teaching, and 
the school law of the state. If the applicant is to 
teach in a school of high grade, the examination 
shall extend to such additional branches of study as 
are to be pursued in such school. If satisfied of the * 
competency to teach and of the good moral char- 
acter of the applicant, he shall give such applicant 
a certificate, as provided in the following section, 
but he shall not issue a certificate except one of like 
grade unless the applicant be examined at the regu- 
lar state examinations. He may, however, in case 
of emergency, recognize county teachers' certificates- 
issued in this or other states by endorsing thereon 
the word ^^Good" until the next regular county ex- 
amination; Provided, That the certificates so en- 
dorsed shall be in full force at the date of such en- 

226 



EXAMINATIONS § 149 

dorsement, and shall not be renewed, extended, nor 
show a previous endorsement thereon. If the at- 
tendance upon the examination at the county seat 
shall work a great hardship to five or more teachers 
in the county, the county superintendent may pro- 
vide for such teacher or teachers to take the ex- 
amination at some convenient place, and the county 
superintendent may appoint some suitable person to 
conduct such examination, v/ho shall without delay 
report to the county superintendent the written an- 
swers of each applicant. Such person shall be en- 
titled to five dollars ($5.00) per day for conducting 
such examination, and such services shall be certi- 
fied by the county superintendent to the county com- 
missioners. —R, S. 5991 

Note. For teaching languages other than English and music 
and drawing, see section 383, decision 1. 

Normal school diploma. 

! a. A state normal school diploma licenses the holder 

I to teach in the public schools of this state until annulled 

j by the state superintendent or suspended by a county 

i superintendent, and is evidenced of a vested continuing 

right to teach in any public school in the state and cannot 

be superseded or modified by any mandate or order of a 

school board. — Nash v. School Board, 49 C. 555 

Teachers' examinations in higher grades. 

1. The law implies that teachers in second and third 
class districts who are to teach the higher grades should 
be examined in such branches at the regular county ex- 
amination. 

2. An applicant examined in five high schbol subjects 
should receive a high school certificate for such branches 
using the same basis of grading as in other county ex- 
aminations. 

3. The fee for the examination is one dollar, no 
matter how many subjects are taken. 

4. The grade of a county certificate would in no way 
affect the grade of a teacher's high school certificate, 

227 



§ 149 EXAMINATIONS 

Time of examination. 

5. Examinations for teachers' certificates cannot be 
taken at any time except at those times prescribed by law 
for public examinations. 

Age of applicant. 

6. The law provides that an applicant for a teacher's 
certificate must not be less than eighteen years of age, and 
it would be illegal to grant a certificate to one under such 
age, and illegal for a school board to employ a teacher 
under such circumstances. 

7. When an applicant of lawful age presents himself 
for the county examination the county superintendent has 
no course other than to receive and grade the papers and 
report the same to the superintendent of public instruc- 
tion; but he may refuse to grant a certificate on proof of 
immorality, incompetency, drunkenness or like cause. 

Rides governing examination. 

8. The state superintendent makes rules governing 
county examinations; and the questions issued therefor 
are divided into sections, one of which, by direction of 
the state superintendent, shall be presented at the begin- 
ning of each of four different sessions; and in order that 
all applicants may have an equal opportunity, and to avoid 
the possibility of any being informed in advance of the 
nature of the examination, the county superintendent is 
instructed to break the seal of each section at the opening 
of the session for which it is prescribed, and in the pres- 
ence of all applicants. 

9. The rules governing county examinations of teach- 
ers definitely state that an average of ninety with no 
branch below seventy shall be required for a first grade; : 
and an average of eighty with no branch below sixty fori 
a second; and an average of seventy per cent, with no 
branch below sixty for a third grade certificate; and each i 
certificate should show such grading, and a certificate if ! 
not issued in accordance therewith would be invalid. 

Regular examination only. 

10. A county superintendent has no right whatever to« 
give a personal or oral examination to an applicant, even 
though such applicant has been requested to take a school 
and has no certificate. 

11. The county teachers' examination cannot be taken 
in parts, either for purpose of raising previous marking 
or of taking balance of examination at future time, since 

228 



EXAMINATIONS § 149 

the whole examination must be taken at one time in order 
to obtain a certificate. 

12. The state superintendent has no right to provide 
for any examination other than those specified by the law. 

Permits not granted. 

13. There is no law authorizing the giving of a tempo- 
rary permit or certificate, and it would be illegal to employ 
any person to teach in the public schools of the state 
unless such person shall have a certificate. 

Endorsements. 

14. It is not legal for a school board to retain a 
teacher whose certificate has expired if the term of school 
for which such teacher is employed extends more than 
one month after such expiration. 

Held to include normal school diplomas from other states. 

15. The county superintendent may in case of emer- 
gency recognize county teachers' certificates of any grade 
issued in this, or other states, by endorsing thereon the 
word **Good" until the next regular county examination; 
provided, that such certificate shall be in full force at 
the date of such endorsement, and shall not be renewed, 
extended, nor show a previous endorsement thereon, and 
an emergency may be said to exist whenever there is a 
vacancy in any school in the county, and no teacher hold- 
ing a valid certificate who is qualified to teach that par- 
ticular school can be obtained therein; but this does not 
mean that other conditions might not arise which would 
warrant the county superintendent in declaring an emer- 
gency. 

16. Circumstances created for a certain purpose do 
not constitute an emergency, and should not be construed 
as such within the meaning of this section. 

17. There is nothing that can be done in the case of 
an expired certificate, as only certificates in full force can 
be endorsed in case of emergency. 

18. The laws of Colorado do not give county super- 
intendents the slightest authority to recognize district cer- 
tificates in any way; and such certificates are valueless so 
far as entitling their holders to a right to teach in other 
schools of the county. 

19. Since the law provides that the certificate issued 
by the boards of districts of the first class must be of the 
same grades and under the same conditions as those 
specified in sections 149 and 47 of the school law, it fol- 
lows that equal requirements must be made in districts 

229 



§ 149 EXAMINATIONS 

of the first class as in other districts, and the board would 
not have the right to exempt the candidates from examina- 
tion in one or more of the subjects specified in section 149 
of the school law. 

20. The endorsement of a first grade certificate until 
the next examination will not invalidate it in the county 
where issued. 

21. The endorsement or renewal of certificates and 
the issuing of like grade certificates are in all cases op- 
tional with the county superintendent. 

22. A certificate of like grade from one county cannot 
be endorsed by a county superintendent of another county, 
but if the first certificate upon which the like grade was 
issued is still in force another like grade certificate upon 
it can be issued in another county. 

23. It is impossible for a county superintendent who 
has endorsed a certificate to issue a renewal of the same. 
Any renewal of a certificate must be made in the county 
where the certificate was first issued. 

24. The time for which an endorsed certificate is good 
is simply that specified by the endorsement. Section 383 
applies to such cases excepting that the teacher does not 
have the right to take advantage of the one month pro- 
vision. 

25. The state superintendent has no right to endorse 
certificates; that is a matter which rests with the county 
superintendent. 

26. It is a violation of the law to endorse county 
teachers' certificates issued in this, or any other state, if 
the certificate be not in full force at the date of each 
endorsement; and should the board employ a teacher with 
such a certificate, all claim to compensation on the school 
fund for the term will be forfeited. 

8uperintencle7it may appoint deputy. 

27. Since the bar examinations are conducted in con- 
nection with the regular county examination of teachers, 
the law governing the latter examination w^ould also apply 
to the former; and if attendance at the county seat works 
a great hardship to five or more teachers in the county, 
the law permits the county superintendent to provide an 
examination for them at some convenient place, to be 
conducted by some suitable person. 

28. The state superintendent has no authority what^ 
ever to authorize county superintendents to appoint dep- 
uties outside of the state; nor has he any right to send 
questions to any individuals outside of this state so that 

230 



EXAMINATIONS § 149 

the county teachers' examination could be taken elsewhere 
than in Colorado. 

29. If a county superintendent desires to obtain a 
certificate to teach in the county in which he resides, he 
is advised to appoint a deputy to conduct the examination 
and pass upon the answers given to the. questions pro- 
pounded; also, to issue a certificate in accordance With 
the result of the examination. 

Special certificate for high school. 

30. The law makes the same requirements of the 
principal or teachers of a county high school as of any 
school of high grade. Therefore, a teacher's certificate 
covering the high school branches must be obtained by 
the applicant who expects to teach in a county high school. 

K Teacher ^ot entitled to pay for time lost attending. 

31. A teacher is not entitled to receive pay for the 
time lost while attending a teachers' examination. 

State superintendent cannot excuse from examination. 

32. The state superintendent has no authority to 
excuse a person from taking an examination. 

i Failure. 

33. When a teacher holds a first grade certificate, and 
ilso one of "like grade," the fact that she fails to pass an 
examination in either county would not affect the standing 
of the first grade already obtained by her. 

Eighth grade. 

34. There is no specific law governing the eighth 
grade county examinations. The matter is entirely under 
the management of the county superintendent. 

Answers filed. 

35. The law requires that the written answers of all 
applicants be placed on file for three months, the same 
subject to the order of the state board of education. 

Appeal. 

36. Neither the state superintendent of public instruc- 
tion nor the state board of education has the power to 
compel a county superintendent to recognize examination 
papers prepared under the supervision of the county super- 
intendent of another county, as this is a mere matter of 
comity between county superintendents. Therefore, when- 
ever a teacher appeals from the refusal of a county super- 
intendent to accept such papers and mark them and issue 

231 



§ 149a EXAMTXATIOXS 

a certificate thereon, the l)oai-(l of education lias no other 
course than to dismiss the appeal. 

[Note. The following section is a portion of the law passed 
by the eighteenth general assembly and referred by petition, and 
will be voted upon by the people at the general election in 1912. 
If carried, it will supersede section 149 herein.] 

149a. On the third Thursday in August, Decem- 
ber, and March in each year the county superin- 
tendent shall meet all persons, of not less than eigh- 
teen years of age (who shall have completed a four 
years' High School course, or its equivalent in train- 
ing or experience, and) who are desirous of passing 
an examination as teachers, in some suitable room 
at the county seat, notice of which will-be given in 
some newspaper in the county, or in case there is no 
paper published in the county he shall give such. 
notice as may by him be deemed necessary, at which 
time he shall examine all such applicants in orthog- 
raphy, reading, writing, arithmetic, English gram- 
mar, geography, history and constitution of the 
United States and the constitution of Colorado, civil 
government, physiology, natural sciences, theory and 
practice of teaching, and the school law of the state, 
to which shall be added agriculture and horticulture 
and American literature for a first grade certificate ; 
and agriculture and horticulture for a second grade. 
If the applicant is to teach in a school of high grade, 
the examination shall extend to such additional 
branches of study as are to be pursued in. such 
school. If satisfied of the competency to teach and 
of the good moral character of the applicant, he 
shall give such applicant a certificate, as provided 
in the following section, but he shall not issue a cer- 
tificate except one of like grade unless the applicant 
be examined at the regular state examinations. He 

232 



EXAMINATIONS § 149a 

may, however, in case of emergency, recognize coun- 
ty teachers' certificates issued in this or other states 
by endorsing thereon the word ''Good" until the 
next regular county examination ; Provided, That 
the certificate so endorsed shall be in full force at 
the date of such endorsement, and shall not be re- 
newed, extended, nor show a previous endorsement 
thereon. If the attendance upon the examination at 
the county seat shall work a great hardship to five 
or more teachers in the county, the county superin- 
tendent may provide for such teacher or teachers to 
take the examination at some convenient place, and 
the county superintendent may appoint some suit- 
able person to conduct such examination, who shall 
without delay report to the county superintendent 
the written answers of each application. Such per- 
sons shall be entitled to five (5) dollars per day for 
conducting such examination, and such services 
shall be certified by the county superintendent to 
the county commissioners.—^. L. '11, p. 628 

Scholastic examination — bar. 

Note. The law under which the rules for admission to prac- 
tice law in this state were formulated will be found in 3 Mills' 
(Rev.), 206-206b. This law does not enter into details, but em- 
powers the supreme court, by virtue of its provisions, to desig- 
nate the character of the examination to which applicants must 
submit. 

The rules governing admission to the bar of Colorado, 
udopted by the supreme court September 13, 1897, and amended 
May 4, 1898, make the following provision: 

"(c) Applicants who are not members of the bar, as above 
prescribed, shall present a thirty-count certificate from there- 
gents of the university of the state of New York, or shall satisfy 
said committee that they graduated from a high school or pre- 
paratory school whose standing shall be approved by the com- 
mittee, or were admitted as regular students to some college or 
university, approved as aforesaid, or before entering upon said 
clerkship or attendance at a law school, or within one year there- 

233 



§ 149ci EXAMINATIONS 

after, or before September 13, 1899, they passed an examination 
before the state superintendent of public instruction, in the fol- 
lowing subjects: English literature, civil government, algebra to 
quadratic equations, plane geometry, general history, history of 
England, history of the United States, and the written answers 
to the questions in the above-named subjects shall be examined 
as to spelling, grammar, composition and rhetoric. The said 
examinations shall be conducted in connection with the regular 
county examination of teachers." 

Note. Those desiring to take this examination must notify 
the state superintendent of public instruction at least thirty days 
previous to the regular county examination, giving their full 
name and address and the county in which they wish to take the 
examination. 

Preliminary examination — dental. 

Note. Each student seeking admission to any college of this 
association shall have completed an accredited high school course 
or shall successfully pass an examination the equivalent of such 
high school course. 

This examination and the examination and verification of all 
certificates shall be conducted by a state superintendent of public 
instruction, or his appointee. — National Association of Dental 
Faculties. 

Applicant for admission to bar. 
a. A committee for examining applicants for admission 
to the bar is not justified in refusing an examination for 
a student of the state university, if in all other respects 
he is qualified, merely because he failed to pass the law 
examination of such institution. — People ex rel. v. Carr, 
21 C. 525 



284 



FINES 

150. Justice report — fines. Every justice of the 
peace or other magistrate by whom any fine or pen- 
alty has been imposed which under the statute 
should be paid into the general school fund, shall at 
the next regular quarterly meeting of the board of 
county commissioners submit an itemized report 
showing date of trial, title of case, nature of offense 
and amount of fine, giving amounts collected, 
amounts uncollected, and accompany said reports 
with receipts from the county treasurer for amounts 
so collected and paid over to him. — R. S. 3874 

151. County treasurer render statement. The 
county treasurer, at the time of rendering to the 
county superintendent of schools his quarterly cer- 
tificate of taxes collected (as provided in section 

jj sixty-six of chapter XCVII being general sec- 

[j tion three thousand and sixty-one of the gen- 

^1 eral statutes of the state of Colorado) shall show 

separately in said certified statement the amounts 

received from fines and by whom paid in.— J^. 8. 3875 

FINES UNDER FEDERAL STATUTES. 

152. For the willful setting on fire of timber 
and underbrush on public domain. Whoever shall 
willfully set on fire, or cause to be set on fire, any 

1 timber, underbrush, or grass upon the public do- 
"■l main, or shall leave or suffer fire to burn unattended 

near any timber or other inflammable material, 
1 shall be fined not more than five thousand dollars, 
i or imprisoned not more than two years, or both. 

— Federal Criminal Code, 52 

235 



5Jn53-154 FINES 

153. Fine for leaving unattended fires in or 
near forest timber. Whoever shall build a fire in or 
near any forest timber, or other inflammable ma- 
terial upon the public domain shall, before leaving 
said fire, totally extinguish the same ; and whoever 
shall fail to do so shall be fined not more than one 
thousand dollars, or imprisoned not more than one 
year or hoth.— Federal Criminal Code, 53 

154. Fines collected paid to public school fund. 
In all cases arising under the two preceding sec- 
tions the fines collected shall be paid into the 
public school .fund of the county in Avhich the lands 
where the offense was committed are situated. 
— Federal Criminal Code, 54 



236 



FLAGS 

155. Directors purchase flag — flagstaff — display. 

The school directors of the several school districts 
in this state may purchase or cause to be purchased 
a suitable American flag of standard bunting, not 
less than eight by twelve ' feet in size, and they 
may erect and maintain or cause to be erected 
and maintained upon each public school building 
or the grounds belonging thereto, a suitable flag- 
staff with the necessary appliances for displaying 
said flags, and may cause said flag to be displayed 
upon said staff upon all national and state holidays, 
the first and last days of each school term, and such 
other occasions as such school directors shall pre- 
scribe. ~R. S. 5928 

Directors to purchase and display U. 8. flag. 
1. Pursuant to custom now established in several 
states of the union, the governor of this state proclaims 
June 14th as Flag Day, and all the public schools of the 
state are requested to observe the day in exercises of a 
patriotic character. 

156. Each department keep flag. Every school 
within this state may have placed and kept in a con- 
spicuous position in each department thereof at least 
one American flag of standard bunting, not less than 
three by five feet in size. — R. S. 5929 

157. Expense of purchasing and care of flag. 
It shall be lawful for the school directors of each 
school district in this state to pay for said flags and 
staffs and to provide for the proper care and main- 
tenance of the same, from any special school funds 
which they may have in their hands or which may 
be subject to their order, or to include the expense 

237 



§§158-159-160-161 FLAGS 

thereof in the next annual estimate for school ex- 
penses, or in any tax levy for school purposes ; and 
the expense thereof for any public school shall be 
met by said directors or other officers charged with 
.the duty of raising or appropriating any money for 
school purposes as any other necessary expenses 
or expenditures for school purposes are raised. 

—R. S. 5930 

158. Applies to all institutions. This act shall 
be held to apply to all institutions directly or indi- 
rectly under the control of the state of Colorado or 
any of its officers, and it shall be the duty of 
such officer to see that this act is complied with. 
—R. S, 5931 

159. Injury to flag. A.ny person who shall wil- 
fully injure, deface, or destroy any flag, flagstaff, or 
other material placed in any room or building or 
upon any building or school grounds for the carry- 
ing out of this act, shall be deemed guilty of a mis- 
demeanor and punished accordingly. — i?. ^5932 

160. Superintendent of public instruction pub- 
lish act. It shall be the duty of the superintendent 
of public instruction to publish this act in connec- 
tion with the school law of this state. — R. S. 5933 

161. Display of flag other than United States — 
exception. It shall be unlawful to display any flag 
upon any state, county or municipal buildings in this 
state, except the flags of the United States; Pro- 
vided, however, That whenever any foreigner shall 
become the guest of the United States, or of the state 
of Colorado, or of any city of this state, or upon the 
occasion of the visit of any foreign minister, envoy 
or embassador in his official or representative capa- 
city, the flag of the country of which such person 

' 238 






FLAGS §§162-163 



shall be a citizen may be displayed upon such public 
buildings; and it shall be unlawful to display the 
flag of any anarchistic society upon any public or 
private building or in any street procession or pa- 
j^rade within the state of Colorado.— i?. S. 2597 

162. Violation. Any violation of this act is 
ereby declared a misdemeanor and shall be pun- 
ished by a fine of not less than fifty nor more than 
five hundred dollars.— i^. 8. 2598 



i 



STATE FLAG. 

163. State flag adopted — description of. That a 
itate flag be and the same is hereby adopted to be 
used on all occasions when the state is officially and 
publicly represented, with the privilege of use by all 
citizens upon such occasions as they may deem fitting 
and appropriate. Said flag shall consist of three 
alternate stripes to be of equal width and at right 
angles to the staff, the white stripes being the 
middle one, the proportion of the flag being a width 
of two-thirds of its length. At a distance from 
the staff end of the flag of one thirty-sixtli 
of the total length of the flag, there shall be a cir- 
cular red C, of the same color as the red in the na- 
tional flag of the United States. The diameter of 
the letter one-sixth of the width of the flag. 
The inner line of the opening of the letter C shall 
be three-fourths of the width of its body or 
bar, and the outer line of the opening shall be 
double the length of the inner line thereof. Complete- 
ly filling the open space inside the letter C shall be 
a golden disk; attached to the flag shall be a cord 
of gold and silver, intertwined, with tassels one of 



§ 163 ' FLAGS 



gold and one of silver. All penalties provided by 
the lavi^s of this state for the misuse of the na- 
tional flag shall be applicable to the said state flag. 
—S. L. '11, p. 611 



240 



FUNDS 

GENERAL SCHOOL FUNDS. 

164. General school fund for building purposes 
— proviso. It shall be illegal for any school board to 
appropriate or cause to be used any money belong- 
ing to the general school fund, for the purpose of 
building, furnishing or erecting additions to any 
school house, or for the purchase or improvement of 
Muy school house, site or lot; Provided, That if any 
portion of the aforesaid school fund remains to the 
credit of any district after the payment of all ex- 
penses necessary to the support of a public school 
for a period of ten months in any one year, in said 
district, it shall be lawful for the district board to 
use such balance for any of the purposes provided 
for in section 51 of this chapter.— i?. 8. 5898 

Note. Section 51 referred to in this section is section 124. 
Note. Public contracts, section 235. 

Legal use of general fund. 

1. The general fund may be used only for teachers' 
wages, and necessary current expenses, until the school 
has been conducted for a period of ten months in one year. 

2. The general fund may be used for building, fur- 
nishing or erecting additions to school houses, or for 
improving the school house, sites or lots, only after the 
expense of maintaining the school for a period of ten 
months in one year shall actually have been paid. 

3. It is legal to draw on the general fund to pay the 
janitor who is employed in a school. 

Illegal use of school funds. 

4. A school board cannot legally loan the money of 
the district. 

5. The school funds cannot be legally used for de- 
fraying the expensf'S of a singing, school. 

24X 



§165 FUNDS 

6. Insurance premiums and attorney's fees are not 
expenses ''incidental to the support of a publtc school," and 
therefore must not be paid from the general fund. 

7. A director of a school board has no right whatever 
to draw money from the funds of a school district to pay 
for his child's board while attending school in another 
district. Any members so misappropriating the funds of 
the district can be compelled by process of law to refund 
the money. 

8. The school board has no right to use the school 
funds in the employment of attorneys or other expenses 
to antagonize the action of a board of health. 

9. A school board cannot legally contract for the work 
of instructing high school pupils to be done by a private 
party or corporation and pay for it out of public school 
funds. 

10. There is no provision of the school law allowing 
a pro rata share of the school fund to be used for the 
private teaching of one of the pupils within a district. 

For what purposes special funds may he used. 

11. School directors of a district of the third class 
may purchase an organ for the use of the school and pay 
for it out of the special fund. The general fund cannot be 
used for that purpose. 

12. Bonds cannot be voted for sinking an artesian 
well; but if the district has sufficient money in its special 
fund, it may use that money for such a purpose on a vote 
of the electors. 

Tivo schools of five months do not meet requirements. 

13. Two schools in one district, holding a five months' 
session each, do not conform to the requirements of the 
law as prescribed in section 164. 

Money not turned into general fund. 

14. All moneys remaining to the credit of any district 
on June 30 should remain to the credit of such district and 
cannot be turned into the general school fund of the county 
for reapportionment. 

EMERGENCY FUND. 

165. Permanent school emergency fund. There 
is hereby created a ^'Permanent School Emergency 
or Call Fund." Said fund shall be under the con- 
trol of the state superintendent of public instruction 
as hereinafter provided.— fif. L. '11. p. 142 

242 



FUNDS §§166-167-168-169 

166. Fund to be transferred from general school 
income fund. There is hereby transferred and set 
over from the general school income fund to the 
''Permanent School Emergency or Call Fund'' the 
sum of forty thousand dollars for the purpose of 
carrying out the provisions of this act. — ^S'. L. '11, p. 142 

Note. The governor approved the above section to the 
amount of twenty thousand dollars. 

167. Treasurer to be custodian of fund. Said 
''Permanent School Emergency or Call Fund" shall 
remain in the hands of the state treasurer and any 
interest earned thereon or arising from the invest- 
ment thereof shall be credited to said fund, and be- 
come a part thereof.— ^.L. 'ii, p. 142 

168. Fund when used. "When on account of un- 
avoidable misfortune or casualty any public school 
district in this state is in financial distress and the 
special school tax and apportionment of the school 
funds are not sufficient to provide proper and neces- 
sary 'school facilities in such school district, the su- 
perintendent of public instruction may with the ap- 
proval and consent of the governor and attorney 
general order the payment from the "Permanent 
School Emergency or Call Fund/' to such public 
school district of such an amount as may be neces- 
sary to provide necessary school facilities in said 
public school district.-— >S\ L. 'il, p. 143 

169. Payments when made. Payments shall be 
made from the "Permanent School Emergency or 
Call Fund" only upon the presentation of sufficient 
and satisfactory evidence that the school district 
making application for relief under the provisions 
hereof is by reason of unavoidable misfortune or cas- 
ualty, in financial distress and that the special school 

243 



§§170-]71-172-173 FUNDS 

tax and apportionment of school funds are not suf- 
ficient to provide proper and necessary school facili- 
ties in such public school district, and that such 
financial distress will continue for at least one school 
year unless relieved under the provisions hereof. 
— S'. L. '11, p. 143 

170. Amount expended in one year. The 

amount to be expended from the ^^ Permanent School 
Emergency or Call Fund" in any one year for all 
purposes shall not exceed the total sum of twenty 
thousand dollars.— >8'. L. 'i^, p. 143 

Note. The governor approved of the above to the extent of ' 
ten thousand dollars Instead of twenty thousand dollars. 

171. Gifts — contributions. Any appropriation i 
hereafter made and any gifts or contributions to the 
'^Permanent School Emergency or Call Fund" 
shall be subject to all the provisions of this act. 
— >8f.L. 'i/, p. 143 

172. Vouchers approved by governor and attor- 
ney general. The auditor is hereby authorized to 
draw his warrant on the state treasurer in payment! 
of any voucher issued against the ^'Permanent 
School Emergency or Call Fund," signed by the su-i 
perintendent of public instruction and approved by 
the governor and attorney general. — s. L. 'il, p. 143 

Note. The attorney general holds that no moneys can be^ 
used from above fund for building purposes. 

173. Moneys under act congress — apportion-! 
ment. That all moneys to which the various coun > 
ties of the state of Colorado are now or may. here- 
after become entitled under the act of congress oi) 
May 23, 1908, or other acts, in which counties ? 
forest reserve, or any portion thereof is situatedif 
shall at the beginning of each fiscal year and everj j 

244 



FUNDS § 174 

six months thereafter be awarded and apportioned 
through the proper state officials of this state to 
such counties in proportion to the area of the forest 
reserve in each county; and such apportionment of 
said funds shall be determined by the state auditor, 
and the state auditor is authorized and directed to 
draw warrants upon the state treasurer in favor of 
the county treasurer of each county for the amount 
due each county under the apportionment and made 
direct to the county treasurers of said counties, and 
in accordance with the so-called agricultural appro- 
priation act of congress, approved May 23, 1908, and 
the county commissioners of said county shall direct 
the said fund to be credited as follows, to-wit : Not 
less than 5 per cent, of said sum shall be expended 
for either roads or school funds in the discretion of 
the board' of county commissioners.— >Sf. L. '^.9, p. 35 

NORMAL INSTITUTE FUND. 

174. Applicant for teacher's certificate pay fee. 

Each applicant for a teacher's certificate at any 
regular county examination, and each successful ap- 
plicant for a renewal or endorsement of a certificate, 
or for the issue of a like grade certificate, shall pay 
for the privilege of such examination, renewal^ en- 
dorsement or issue of like grade certificate, a fee of 
one dollar, which shall be collected by the county su- 
perintendent of schools and forwarded, with his re- 

I port of each examination, to the superintendent of 

i public instruction.— i^. *Sf. 5992 

I Fee, when not required. 

1. There is no law authorizing a county superintend- 
ent to charge a fee of $1, or any other sum, for registering 
! a certificate issued by the state normal school. 

i 245 



§§175-176 FUNDS 

2. Teachers' certificates issued by board of directors 
of first class districts are reported to the county superin- 
tendent, but they are not renewed or endorsed, therefore, 
no fee would be charged for the registration of said cer- 
tificates. 

Fee, to loliom paid. 

3. The fee paid to a county superintendent by an ap- 
plicant, whose papers are to be forwarded to another 
county may be sent direct to the state superintendent and 
not forwarded to the other county superintendent. The 
county superintendent of any county should send the money 
to the state superintendent for all applicants taking the 
examination under his supervision. 

4. When an examination is taken the fee should be 
l)aid to the county superintendent where the examination 
is held prior to delivering to such applicant the exam- 
ination questions. 

Fee for duplicate certificate, 

5. A fee should be charged for issuing a duplicate 
certificate the sanae as in original issuing of certificates. 

175. Fees turned into state treasury constitute 
normal institute fund. All fees thus collected and 
remitted to the superintendent of public instruction 
shall be turned over to the state treasurer and shall 
constitute a state normal institute fund. — R. S. 5993 

176. Apportionment of normal institute fund. 
At the time of apportioning the state school fund ini 
July of each year the superintendent of public in- 
struction shall apportion a state normal institute; 
fund equally among the normal institute districts of ' 
the state, and the sum accredited to each normal in- 
stitute district shall be transmitted to the custodian i 
of the normal institute fund thereof in the same' 
manner as each county's apportionment of the state- 
school fund is now transmitted to the county treas-- 
urer; and each district's apportionment of the state ^ 
normal institute fund shall be applied and expended 
in the same manner and for the same purposes as 

246 



P 



FUNDS § 177 

the fund of each normal institute district has here- 
tofore been applied and expended. — R, is. 5892 

PENAL FUND. 

177. What fines paid to school fund — accounts 
— collector failing" to pay — penalty — duty of super- 
intendent. All fines, penalties and forfeitures pro- 
vided by this act may be recovered by action of debt, 
in the name of the people of the state of Colorado, for 
the use of the proper school district or county, and 
shall, when they accrue, belong to the respective 
districts or counties in which the same may have 
been incurred; and the county treasurers, for their 
counties, are hereby authorized to receive and cause 
• to be placed to the proper credit such forfeitures. 
Except as otherwise provided by law, all sums of 
^ I money derived from fines imposed for violation of 
^ ! orders of injunction, mandamus and other like writs, 
or for contempt of court, shall be paid into the 
school fund of the county wherein the contempt of 
such violation was committed; and the clear pro- 
ceeds of all fines collected within the several coun- 
ties of the state for breach of the penal laws, and 
all funds arising from the sale of lost goods and 
estrays shall be paid over in cash by the person col- 
li j lecting the same, within twenty days after the col- 
lection, to the county treasurer of the county in 
which the same have accrued, and shall be by him 
credited to the general county school fund. He shall 
indicate in such entry the source from which such 
money was derived. Any officer or person collect- 
ing or receiving any such fines, forfeitures or other 
moneys, and refusing and [or] failing to pay over 
the same, as required by law, shall forfeit double 

247 



§ 177 FUNDS 

the amount so withheld and interest thereon at the ■ 
rate of five per cent, per month during the time of 
so withholding the same ; and it shall be a special I 
duty of the county superintendent of schools to su- 
pervise and see that the provisions of this section: 
are fully complied with, and report thereupon to the 
county commissioners semi-annually or oftener, if: 
required by them.— J?. S. 5897 •- 

Note. The "act" above referred to means original "schoolil 
act." 

Note. County treasurer make report of fund, section 151. 

Note. Justice report fines, section 150. 

Duties of county treasure?^ in regard to funds. 

1. The county treasurer is responsible for placing 
moneys in the wrong fund. It is his duty to place moneys 
collected from fines, forfeitures, etc., to the fund desig-; 
nated by law. 

2. Unless otherwise expressly provided by statute, the^ 
moneys from fines, penalties and forfeitures, should be 
turned by the county treasurer into the general school" 
fund of the county rather than into that of a particular! 
district; although fines assessed by justices of the peace- 
may, in some cases, go to the credit of the school district 
in which the action occurred. 

Duties of county superintendent in regard to fund. 

3. More than any other person, the county superimi 
tendent is the one to look after that portion of the schooo 
fund arising from fines and forfeitures. He should exx 
amine the books of the county treasurers, records and fei^ 
books of justices of the peace and clerks of courts, t(t 
ascertain whether or not the fines have been collected, ami 
if collected, whether they have been placed to the crediii 
of the proper fund and paid over. 

Disposition of fines. 

4. This section provides that the clear proceeds of ali 
fines collected within the several counties of the state foe 
breach of the penal laws shall be paid over in cash by thli 
person collecting the same within twenty days afte- 
its collection to the county treasurer, to be by him creditec 
to the general county school fund. 

248 



FUNDS §§178-179 

5. Unless otherwise specifically provided for by law, the 
fines collected for breach of the game and fish laws should 
be placed to the credit of the general county school fund. 

FUNDS NOT LOANED OR INVESTED. 

178. Officer not convert or use funds. If any 

officer appointed or elected by virtue of the consti- 
tution of this state, or any law thereof, as an officer, 
agent or servant of an incorporated city, town, mu- 
nicipal township, school district, or county, or other 
subdivision of this state, shall convert to his own 
use in any way whatever, or shall use, by way of 
investment in any kind of property or merchandise, 
or shall make way with or secrete any portion of the 
public funds or moneys, or any valuable securities 
by him received for safe-keeping, disbursement, 
transfer, or for any other purpose, or which may be 
in his possession, or over which he may have the 
supervision, care or control, by virtue of his office, 
agency or service, or under color or pretense there- 
of, every such officer, agent or servant shall, upon 
conviction, be punished by imprisonment not less 
than five years. — i?. ^. 1821 

179. Officer not loan funds. No such officer, 
agent or servant shall loan out, with or without in- 
terest, any money or valuable security received by 
him, or which may be in his possession or keeping, 
or care or control, by virtue of his office, agency or 
service, or under color or pretense thereof, and any 
such officer, agent or servant, so loaning such money 
or valuable security, on conviction thereof, shall be 
punished by imprisonment in the penitentiary not 
less than one year, or by a fine not less than five 
hundred dollars.— i^. S. 1822 

249 



^U80-181 FUNDS 

180. No benefit from deposit of funds. If anji 
such officer, agent or servant shall make any con- 
tract or agreement with any person or persons 
bodies or body corporate, or other association, by 
which such officer, agent or servant is to derive any 
benefit or advantage, directly or indirectly, from the 
deposit with such person or persons, body or bodies 
corporate, or other association, of any moneys or 
valuable securities held by such officers, agents or 
servants, by virtue of his office, agency or employ- 
ment, such contract shall, as to such officer, agent 
or servant, be utterly null and void ; but the person or 
persons, body or bodies corporate, or other associa- 
tion, shall be liable to the county, city, town, town- 
ship or school district where funds are deposited, in i 
an action for the recovery of all such benefits or ad- 
vantage as would, by the terms of such contracts or 
agreement, have accrued to such officer, agent or 
servant; and payment to the officer, agent or serv- 
ant shall not protect the person or persons, body or 
bodies corporate, or other association, against an 
action of recovery brought by the county, city, town, 
tow^nship or school district whose funds are so de- 
posited.— i?. S. 1823 

181. Penalty. Any such officer, agent or serv- 
ant who shall make any such contract or agreement 
as described in the last section of this act, or who 
shall receive any benefit or advantage, directly or 
indirectly, from the deposit of any money or val- 
uable security held by him as such officer, agent or 
servant, or over which he has control, care or super- 
\'ision, by virtue of his office, agency or service, 
shall, upon conviction thereof, be punished by im- 

250 



FUNDS §182 

prisonment in the penitentiary not less than one 
year or by fine not less than five hundred dollars. 
—R. 8. 1S24 

182. Permanent funds from sale of school lands 
— how invested. Permanent funds arising from the 
sale of the school lands of the state of Colorado 
remaining uninvested may be loaned out by the 
treasurer of the state of Colorado at the direction 
of the state board of land commissioners to the 
state military board ^^ provided the total loans so 
made shall at no time exceed the military poll-tax 
collected in the preceding biennial period/' for the 
purpose of purchasing or acquiring lands, buildings, 
tenements and appurtenances, or erecting buildings, 
necessary for use as armories for the organized mili- 
tia of the state of Colorado; such necessity for the 
acquiring of said lands, buildings, tenements and 
appurtenances or erection of buildings for use as 
armories for the organized militia of the state of 
Colorado shall be determined by the state board of 
land commissioners and said state military board. 

Said loans may be directed by said state board 
of land commissioners in such amount or amounts, 
and upon such terms as to payment and rate of in- 
terest thereon, not exceeding five per centum per 
annum, as may be mutually determined by said 
board of land commissioners and said state military 
board, and shall be secured by mortgage or deed of 
trust upon said lands, buildings, tenements and ap- 
purtenances so acquired or erected for armories, 
which said lands, buildings, tenements and appur- 
tenances shall be free and clear of liens and incum- 

251 



§ 183 FUNDS 

brances, save and except the loans made to it out 
of the said permanent fund as herein provided. 
—S, L. '11, p. 599 

183. Permanent fund reimbursed from military 
poll-tax fund. The permanent fund arising from the 
sale of school lands of the state of Colorado shall 
be reimbursed by the military board from the mili- 
tary poll-tax fund at a rate of not less than ten 
thousand dollars per annum.— >Sf. L. '11, p. 600 



252 



HAZING 

184. Hazing unlawful. It shall be unlawful for 
any person to engage in any of these practices com- 
monly called ^^ Hazing'' or in any acts of torturing, 
tormenting, or in any way maltreating a fellow in- 
mate, employe or student.— i^. S. 1661 

185. Punishment for hazing. Any person found 
guilty of the violation of the provisions of the first 
section of this act shall be deemed guilty of a mis- 
demeanor and shall upon conviction be fined not less 
than five nor more than fifty dollars. — R. S. 1662 

186. Punishment for hazing in educational in- 
stitutions. Any officer, teacher, or student con- 
nected with any of the state institutions of this state 
who shall be found guilty of violating the provisions 
of this act, shall, if a teacher or employe, be dis- 
missed from the further service of such state insti- 
tution, and if a student, his conviction shall work 

I expulsion from the state institution he may be at- 
tending, in perpetuum.— i^. s. 1663 

187. Hazing — jurisdiction of justice of the 
t peace. Any justice of the peace of the county 
I wherein any of the offenses herein described may be 

committed shall have jurisdiction of complaints com- 
ing within the provisions of this act.— jR. 8. 1664 



253 



GARNISHMENTS 



188. School districts subject to garnishment. 

That all counties, school districts and municipal cor- 
porations shall be subject to garnishment upon writs 
of attachment and execution in the same manner 
that private corporations and persons are now, or 
may hereafter be subject to garnishment under such 
writs.— ^. L. '11, p. 445 

189. Provisions apply to all salaries, wages, etc. 
That it is hereby declared that no provision of this 
act is contrary to public policy, and that the provi- 
sions of this act are meant to apply to all salaries, 
wages, credits, moneys and all choses in action, 
whether the collection of the same might be en- 
forced by any action in court, by the writ of man- 
damus, or in any manner whatsoever. — K.L.^i, p. 445 

Note. School districts subject to garnishment, see garnish- 
ments, section 188 herein. 



254 



HIGH SCHOOLS 



COUNTY HIGH SCHOOLS. 

190. Counties classified. For the purposes of 
this act the several counties of this state shall be 
classified with reference to population and divided 
into five classes as provided by sections 2565, 2566 
and 2567 of the revised statutes of Colorado, 1908, 
as follows: 

The city and county Denver, unless otherwise 
provided in the charter thereof, shall be first class ; 
El Paso, Teller and Pueblo counties shall be second 
class; Boulder, Fremont, Lake, Pitkin, Las Animas 
and "Weld counties shall be third class; Adams, 
Arapahoe, Chaffee, Clear Creek, Conejos, Costilla, 
Delta, Douglas, Eagle, Garfield, Gilpin, Gunnison, 
Huerfano, Larimer, La Plata, Logan, Mesa, Mont- 
rose, Morgan, Ouray, Otero, Park, Prowers, Jeffer- 
son, Rio Grande, Routt, Saguache, San Miguel and 
San Juan counties shall be fourth class; Archuleta, 
Baca, Bent, Cheyenne, Custer, Dolores, Elbert, 
Grand, Hinsdale, Kiowa, Kit Carson, Lincoln, Mon- 
tezuma, Mineral, Phillips, Rio Blanco, Sedgwick, 
Summit, Washington and Yuma counties shall be 
fifth class. The counties of the fourth class shall be 
divided into two divisions, known as ''A" and ''B." 
The counties comprising division ^^A'' shall be 
Adams, Arapahoe, Chaffee, Clear Creek, Conejos, 
Douglas, Garfield, Gilpin, Gunnison, Huerfano, Jef- 
ferson, Larimer, La Plata, Mesa, Otero, Ouray and 
San Miguel ; and the counties comprising division 
''B" shall be Costilla, Delta, Routt, Eagle, Logan, 

255 



§191 HIGH SCHOOLS 

Montrose, Morgan, Park, Prowers, Rio Grande. 
Saguache and San Juan.— .s. L. vy.9. ]). 397 

191. Petition for organization — county superin- 
tendents — submission to voters. On the petition of 
fifty voters having the qualifications hereinafter 
prescribed, of any county of the second, third 
fourth or fifth class, the county superintendent of 
public schools of such county shall give notice not 
less than twenty days before any regular meeting 
now or Avhich may hereafter be provided by law, for 
electing members of school boards in the respective 
districts of the state, that the question of organizing 
the county into one high school district for high 
school purposes, will be submitted to the qualified 
voters of the respective school districts in the coun- 
ty, at such meeting. Qualified voters of a joint 
school district who may reside in any county pro- 
posing to organize as aforesaid, shall be entitled to 
vote at said meeting.— >S^. L. '09, p. 398 

Note. For different kinds of public schools and how main- ' 
tained, see note 1, section 238. 

High schools — kinds. 

Note. There are three kinds of high schools authorized by 
the laws of this state — county high schools, union high schools, 
and district high schools — and each is entirely separate and dis- 
tinct from the others. While county and union high schools may 
be composed of all class districts, a district high school can be 
maintained only in a first or second class district, although there 
is no law to prevent a third class district from adding certain of 
the so-called high school branches. Section 206 provides that no 
district shall be taxed for more than one kind of high school 
without its consent. When a county high school is being organ- 
ized, districts with a high school, or in a union high school dis- 
trict, may vote against the county high school. If a majority 
vote against such organization, such district shall be excluded i 
from the county high school district. 

256 



HIGH SCHOOLS §§192-193 

County high schools — how maintained. 
Note. County high schools are maintained by their quota of 
the general school fund and from a tax levy, not to exceed four 
mills, made by the county commissioners and collected as other 
taxes. 

192. Election notices posted twenty days — con- 
tents. The county superintendent shall cause to be 
posted in the manner hereinafter prescribed, notices 
in each school district in the county, that such peti- 
tion has been made and that at the next regular 
meeting for electing members of school boards, the 
question of organizing the county into one high 
school district for high school purposes, will be sub- 
mitted to the qualified voters of the district. The 
secretary of each school board shall, under the di- 
rection of the county superintendent, cause written 
or printed notices to be posted in his district, speci- 
fying the purpose, the day and the place or places 
of such election, and the time during which the 
ballot box or boxes shall be kept open, not less, how- 
ever, than three hours. The time and place specified 
in such notice shall be the same time and place at 
which the regular election of members of the school 
board shall be held. Said notices shall be posted in 
at least three public places in the district, one of 
which shall be the school house, if there be one, at 
least twenty days previous to the time of such elec- 
tion.—^. L. '09, p. 398 

193. Who may vote — form of ballot — judges. 
Every legally qualified elector of his district en- 
titled to vote for members of school boards, and none 
other, shall be entitled to vote at such meeting upon 
such question of organization. After the organiza- 
tion of the meeting for the election of members of 

257 



§194 HIGH SCHOOLS 

the school board, the qualified electors shall proceed 
to vote by ballot on the question whether or not the 
proposed high school district for high school pur- 
poses, shall be organized. Those in favor of organi- 
zation shall vote ^*For the organization," and those- 
opposed, '^Against the organization." The ballots 
upon the question of organization shall be deposited 
by the voters in a separate ballot box to be pro- 
vided by each school district for said purpose. The 
president, secretary and treasurer of the district 
school board shall act as judges of the election and 
should any of the judges be absent at the opening 
ol the polls, the electors present shall appoint a legal 
voter to fill the vacancy.— ^.L. '^P, p. 398 

194. Canvass — certificates sent county superin- 
tendent. Immediately after the closing of the polls 
the judges shall open the ballot box and proceed to 
count the votes polled, and the counting thereof 
shall be commenced and continued until finished be- 
fore the judges shall adjourn. As soon as all the 
ballots shall have been counted, the judges shall 
make out a certificate under their hands certifying 
the whole number of votes cast upon the question of 
organization and the number of votes cast for or- 
ganization and the number of votes cast against or- 
ganization. Said certificate, together with the 
ballots cast upon the question, shall then be en- 
closed and sealed up under suitable cover, and di- 
rected to the county superintendent of the county ' 
in which such election is held, and the packet thus ^ 
sealed shall be sent by registered letter, where prac- 
ticable, otherwise it shall be conveyed by one of tl:e 
judges of the election, to be determined by jot if 1 

258 



I 



HIGH SCHOOLS § 1U5 

they cannot agree otherwise, within three days al'lor 
the, closing of the polls.— >Sf. L. '09, p. 399 

195. County superintendent announce result — 
call directors — elect committee. On the tenth day 
after the close of the election, or sooner if all the 
returns be received, the county superintendent of 
the county shall proceed to open the said returns 
and determine the result of the election therefrom. 
Said county superintendent shall make and perma- 
nently preserve in his office a record of the total 
number of votes cast upon the said question of or- 
ganization, and the number of votes cast for organ- 
ization and against organization. If it shall appear 
from such record that the majority of the votes cast 
on the question of organizing the county into one 
high school district for high school purposes, shall 
be in favor of such organization, the county superin- 
tendent of public schools of such county, shall by 
notification by mail and by publication where prac- 
ticable, call a meeting of the directors of the re- 
spective districts of said county, which meeting shall 
be held at the office of said county superintendent 
not later than thirty days after the election herein 
provided for. Such meeting shall be organized by 
the election of a temporary chairman and secretary, 
and the directors present shall then proceed to elect 
by ballot from among the members of said boards 
of directors, four persons, who with the county su- 
perintendent of public schools as an ex officio mem- 
jber, shall be known as the high school committee. 
No two members of any board of directors shall at 
the same time be members of the high school com- 
jmxttee, except in counties where there are less than 

359 



§196 HIGH SCHOOLS 

four districts. Immediately after its election as 
aforesaid, the committee shall select from its mem- 
bers a president and a treasurer. The county su- 
perintendent of schools shall be ex officio the secre- 
tary of the committee.— yS. L. '09, p. 399 

County superintendent has vote — need not give bond. 

1. The county superintendent has a vote as a member 
of a county high school committee. This also involves his 
voting whether there is or is not a tie. 

2. A county superintendent need not give bond as 
secretary of the county high school committee, since his 
bond as county superintendent covers all obligations im- 
posed upon him as an official. 

County superintendent has no vote selecting high school 
committee, 

3. The law in regard to county high schools gives the 
county superintendent no authority to vote with the di- 
rectors of the county in selecting a high school committee, 
even in the case of a tie vote. But the selection of the 
member of such committee should be by a majority vote 
of all the legal votes present. 

County superintendent not entitled to salary as secretary. 

4. The law provides that a county superintendent 
shall be ex-officio a member and secretary of the county 
high school committee; and therefore all services per- 
formed by him as said secretary is by virtue of his office 
of county superintendent and for which he is entitled to 
no further compensation than his salary as superintendent. 

196. Term of members of high school committee 
— vacancy — how filled. The term of office of each 
member of the high school committee shall expire 
simultaneously with the expiration of his term of 
office as a director of the school district wherein he 
resides, and the vacancy thus created shall be filled 
by the directors of the various school districts of ' 
the county, at a meeting held at the office of the : 
county superintendent not later than thirty days i 
after the occurrence of the vacancy. The secretary 

260 



HIGH SCH(30LS . §§197-198 

of the committee shall give each director at least 
ten days' notice by mail of the holding of such meet- 
ing. All vacancies caused in any other manner than 
by expiration of term of office shall be filled by ap- 

, pointment by the county superintendent of public 

I schools.— yS. L. '09, p. 400 

Expiration of office. 

1. The tenure of office as a member of the county 

j high school board expires with the expiration of the term 

I of office of the member of the board in the district where 

he has been elected to office. The fact of his re-election 

! in the district would not necessarily mean the continuance 

: of his office as a member of the high school board. His 

continuing to hold the position would be entirely dependent 

upon the fact of his being again selected to the joint school 

board after his re-election as a member of the district 

board. 

I 2. In case an appointment to fill a vacancy in a 
;•! county high school committee is made, it holds only until 
^ the next election, and not until the appointee's term as 
director of the school district is concluded. 

197. Meetings of committee — regular — special. 

The regular meetings of the high school committee 
; shall be held on the first Saturday of March, June, 
i September and December in each year, and special 
meetings may be held upon call of the president or 
secretary of the committee or upon request of any 
[two members thereof .—/Sf. L. '09, p. 400 

; Twenty days' notice of special meeting. 

' 1. It will be necessary to give twenty days' notice of 
the special meeting called for the purpose of voting upon 
the question of supplying free text books for the county 
high school, and notices should be posted in the various 
.school districts composing the county high school district 
as is required in the case of a special district meeting or 
election. 

198. High school district a body corporate. 

Each regularly organized high school district here- 

261 



§§199-200 HIGH SCHOOLS 

tofore formed, or that may be formed, as provided! 
in this act, is hereby declared to be a body corpo- 
rate, by the name and style of ^^ 

county high school district in the state of Colo- 
rado," and in that name may hold property and be: 
a party to suits and contracts, the same as munici- 
pal corporations in this state. — ^. L. '09, p. 400 

199. May hold real estate. It shall be lawful 
for any high school district in this state to take anc 
hold, under the provisions of any law now or here- 
after in force providing for the exercise of the right i 
of eminent domain, so much real estate as ma}^ be- 
necessary for the location and construction of a; 
high school building or buildings and convenient use< 
of the high school.— ;Sf. L. '09, p. 401 

200. Powers and duties of committee. Every) 
high school committee, unless otherwise provided by,^ 
law, shall have the power, and it shall be their duty ; 

First — To employ or discharge teachers, me- 
chanics and laborers, to fix and order paid theiii 
wages, and to determine the rate of tuition for non-i 
resident pupils. 

Second — To enforce the rules and general regui 
lations of the state superintendent, to fix the course 
of study, the exercises and kind of text books to bo 
used; Provided, That but one kind of text book o1 
the same grade or branch of study shall be used ii 
the same department of a high school, and thay 
after the adoption of any book, it shall not bb 
changed in less than four years, unless the price 
thereof shall be unwarrantably advanced, or thn 
mechanical quality lowered, or the supply stopped(' 

262 



HIGH SCHOOLS §200 

Third — To provide for school furniture, and for 
everything needed in the high school building, or 
for the use of the high school committee. 

Fourth — To rent, repair and insure high school 
buildings. 

Fifth — To build or remove high school buildings, 
and to purchase or sell school lots when directed by 
a vote of the high school district so to do. 

Sixth — To hold in trust for their high school dis- 
trict all real or personal property for the benefit of 
the high school thereof. 

Seventh — To suspend or expel pupils from the 
high school who refuse to obey the rules thereof. 

Eighth — To determine the number of teachers 
that shall be employed and the length of time in 
each year during which the high school shall be 
kept, and to fix the time for the opening or closing 
of the high school. 

Ninth — To provide books for indigent children 
on the written statement of the teachers that the 
parents of such children are not able to purchase 
them, and to furnish free text books for the use of 
all pupils, when authorized to do so by a majority 
vote of the high school district, as expressed at any 
regular or special meeting. 

Tenth — To require all pupiis to be furnished with 
the proper and suitable books as a condition of mem- 
bership in the high school. 

Eleventh — To exclude from the high school and 
its libraries all books, tracts, papers and other pub- 
lications of an immoral or pernicious tendency. 

Twelfth — To require teachers to conform to the 
law. 

263 



§200 HIGH SCHOOLS 

Thirteenth — To make an annual report, as re- 
quired by law, to the county superintendent, on or 
before the first day of August of each year, in the 
manner and form and on the blanks prescribed and 
furnished by the superintendent of public instruc- 
tion. 

Fourteenth — To make a report directly to the 
state superintendent whenever instructed by him so 
to do. 

Fifteenth — Whenever a pupil resident in one 
high school district desires to attend the high 
school in another high school district, such pupil 
shall be permitted to do so ; Provided, That the high 
school committee may refuse to admit pupils from 
other high school districts upon the ground of in- 
sufficient room.— >S. L. '09, p. 401 

Powers of committee. 

1. The county high school committee would not have 
the authority to hire the county superintendent to teacli 
in such high school, such superintendent still holding office 
as county superintendent,- which makes him a member ol 
the county high school committee. 

2. A county high school committee has not the author 
ity to furnish free text books to the pupils attending the 
school unless a majority vote of the electors of the county 
has been cast in favor of such action. 

3. The county higl^, school district has the right tc 
levy a one-tenth mill tax for library purposes, just as any 
other district has. 

4. The county may be bonded for the expenses o; 
building just as any school district may be bonded. 

5. It is the duty of the high school committee t( 
certify to the board of county commissioners the amoun 
of tax to be levied for county high school purposes, and i 
then becomes the duty of the county commissioners t( 
levy the tax. If the high school committee fails to per 
form its duty, it may be required to do so by mandamus 

264 



I 



HIGH SCHOOLS §201 

Principal cannot he county superintendent. 

6. In the case of the principal of a county high school 
being elected county superintendent, he could not legally 
hold both positions. 

Principal has no authority over county schools. 

7. The principal of a county high school has authority 
only over such high school rooms, and has no control over 
the country schools in the same district. 

Special certificate to teach in high schools. 

I 8. The law makes the same requirements of the prin- 
cipal or teachers of a county high school as of any school 
of high grade. Therefore, a special certificate covering 

i the high school branches must be obtained by the appli- 
cant who expects to teach in a county high school. 

Warrants not drawn till levy made. 

9. Warrants cannot be legally drawn and registered 
on the county high school fund before the levy has been 
made. 

How county high school supported. 

10. Persons attending the county high school will not 
draw state and county funds from the quarterly and semi- 
annual apportionments as a separate amount for the benefit 
of the high school. Their names are to be included in the 
various districts where they reside, said districts drawing 
the per capita amount for their names. The high school 
is expected to be entirely supported by direct taxes. 

201. Powers and duties of president. The presi- 

jdent, when present, shall preside at all meetings of 

'the high school committee and of the high school 

district; shall sign all orders on the county treas- 

I urer for the payment of money ; Provided, however, 

I That no orders shall be drawn upon the county 

} treasurer except in favor of parties to whom the 

: high school district has become lawfully indebted. 

He shall appear in behalf of his high school district 

in all suits brought by or against the same, but when 

he is individually interested this duty shall be per- 

j formed by the secretary, and in the absence of the 

265 



§§202-203-204 HIGH SCHOOLS 

president the secretary shall preside at the com- 
mittee and district meetings. — S. L. '09, p. 402 

202. Powers and duties of secretary. The ;sec; 
retary shall keep an accurate account of the ex- 
penses incurred by the high school district, and 
shall present the same to the committee whenever 
called upon. He shall give the required notice of all 
regular and special meetings as herein authorized. 
He shall keep the same records and make the same 
reports as are now or may hereafter be required by 
law to be kept and made by secretaries of public 
school districts.— >Sf. L. '09, p. 402 

203. Powers and duties of treasurer. The treas- 
urer shall countersign all warrants drawn by the 
president and secretary on the county treasurer, in 
favor of parties to whom the high school district 
has become lawfully indebted, and keep an account t 
of the same. .He shall take charge of all moneys re- 
ceived by him on account of the high school district 
from the county treasurer, as now provided by law, 
and pay out the same as by law provided. He shall i 
render a statement of the finances of the district, as 
shown by the records of his office, at the close of 
each school year and at any other time when re- 
quired by the committee. The treasurer shall per- 
form such additional and be subjected to such addi- 
tional obligations as are now or may hereafter be 
imposed by law upon the treasurers of public school 
districts. — ^. L. '09, p. 403 

204. Powers and duties same, directors first andc 
second classes. Each high school district heretofore < 
formed or that may be formed, as provided in this' 
act, shall exercise all the powers and perform alll 

266 



HIGH SCHOOLS §§205-206 

the duties that are at the time of the adoption of this 
act accorded to and required of directors of first 
! and second class districts throughout the state; Pro- 
vided, That the amount of tax certified to the coun- 
ty commissioners for the maintenance of the high 
school in any high school district, shall in no case 
exceed four mills on the dollar, of the assessed val- 
uation of the high school district.— >S'. L. '09, p. 403 

205. Tax levied by county commissioners — col- 
lected and paid out by county treasurer on warrant 
president and secretary. The county commission- 
ers of any county wherein is a high school district 
heretofore organized according to law, or where an> 
high school district is organized under the provi- 

•j sions of this act, or heretofore organized as a union 
^! high school at any county seat, under section 5956 
' of the Eevised Statutes of Colorado of 1908, shall 
levy annually, at the time of levying taxes for other 
purposes, a high school tax on all the taxable prop- 
erty of the county, said tax not to exceed four mills 
^[ on the dollar of the assessed valuation. The high 
■ school tax shall be assessed and collected in the same 
I manner as other taxes are assessed and collected 
j and shall be paid out by the county treasurer on 
f warrant drawn by the president and secretary of 
I the high school committee and countersigned by 
i the treasurer thereof.—^. L. '09, p. 403 

Levy for library. 
1. The county high school district has the right to 
levy a one-tenth mill tax for library purposes, just as any 
other district has. 

206. High school districts subject to provisions 
of this act. All high school districts organized and 
now existing under the provisions of chapter 100 of 

267 



§206 HIGH SCHOOLS 

the Session Laws of Colorado, 1899, being ''An act 
to provide for the establishment and support of high 
schools in counties of the fourth and fifth classes/^ 
approved April 8th, 1899, or under chapter 219 of 
the Session Laws of Colorado, 1907, being ''An act 
to amend an act entitled an act to provide for the 
establishment and support of high schools in coun- 
ties of the fourth and fifth classes,'' approved April 
9th, 1907, are hereby declared to be duly organized 
high school districts under the provisions of this 
act, and entitled to enjoy all the privileges and ex- 
ercise all the powers conferred by this act, and shall 
hereafter be subject to the provisions of this act; 
Provided, That no school district in any county shall 
be taxed without its consent for the support of more 
than one class or kind of high school, the establish- 
ment of which is authorized by law; and in voting 
on the organization of a county high school district 
under the provisions of this act, any school district 
then maintaining a high school or any school dis- 
tricts then organized into a union high school dis- 
trict and maintaining therein a union high school 
may by voting against the organization of a county 
high school district be excluded from such county 
high school district ; but if any school district main- 
taining a high school or districts maintaining a 
union high school shall, under the provisions of this 
section, vote against the organization of a county 
high school district, the ballots cast in such dis- 
trict or districts shall be considered only upon the 
question of exclusion and shall not be considered 
in determining the final result upon the question of 
organizing a county high school district. And pro- 

268 



HIGH SCHOOLS §207 

viding, further, That any school district maintain- 
ing a high school, or any districts organized into a 
union high school district and maintaining therein a 
union high school, may abandon such high school 
organization and organize under the provisions of 
this act. —S. L. '09, p. 407 

UNION HIGH SCHOOLS. 

207. Union high school — how established. 

Whenever the school boards of two or more contig- 
uous school districts shall each deem it advisable to 
establish a union high school, the county superin- 
tendent shall, at the request of two of the secretaries 
of the boards, call a meeting of the boards interested 
by giving personal notice to each member, which 
meeting shall elect by ballot from among the mem- 
bers of said boards, if a majority of the members of 
each board are present, a committee of three, to be 
known as the high school committee of such union 
school. The county superintendent shall be, ex of- 
ficio, an additional member of said committee, and 
shall preside at the meetings thereof. There shall be 
elected a secretary of such committee, and if need 
be a treasurer. In any case in which the county 
seat of any county shall be all included in one school 
district the board of such school district shall have 
the same powers of establishing and organizing a 
high school as are hereby given to the boards of two 
or more contiguous school districts, and in such case 
the high school committee shall be the board of 
such school district, or such three members as they 
may select. High schools formed under the provi- 
sions of this section shall be open to children from 
all districts of the county in which they are so 

269 



§207 HIGH SCHOOLS 

formed, provided, such children are qualified, as 
hereinafter provided.— i^. S. 5956 

Note. Union high schools in counties of fourth and fifth 
classes, section 214. 

Note. For different kinds of public schools see note 1, sec- 
tion 238, herein. 

Union high schools — kinds. 

Note. The union high schools authorized by the laws of this 
state may be conveniently classified under three general head- 
ings, according to the method provided for maintaining them: 

1. Those organized under section 207 herein from two or 
more contiguous districts of any class in any class counties, 
which are maintained by their quota from the general fund; and 
a deficit, if any, is made up from the several district funds, in 
proportion to the number of pupils attending from each. 

2. Those organized under section 207 herein at any county 
seat, w^here the entire town or city is included in one district, 
which are maintained by their quota from the general fund and 
from a tax, not to exceed four mills, levied by the county com- 
missioners. 

3. Those organized under section 214 herein in counties of 
the fourth and fifth classes of districts lying adjacent to incor- 
porated towns or cities, and of districts afterward added thereto, 
which are maintained by a tax, of not less than one nor more 
than three mills, levied by the county commissioners — the school 
building to be furnished bj^ the incorporated town or city. 

High school committee at county seat. 

a. The committee of a high school in a district which 
includes the county seat consists of either the full board of 
the school district, or of three members of it as the district 
board may determine. — Money v. McGauley, 44 C. 272 

How established, 

1. The directors of a third class district have no 
authority to establish a high school except under the pro- 
visions of Section 207 of the School Laws, Annotated, when 
such district embraces within itself a county seat. 

Committee — oath — bond — members. 

2. A high school committee shall consist of only three 
members, and the county superintendent shall be, ex-officio, 
an additional member of said committee and shall preside 
at its meetings. 

270 



I 



HIGH SCHOOLS §§208-209-210 



3. The members of the union high school board should 
give bonds and take oath of office the same as the members 
of any other board. 

4. After the election of the union high school com- 
mittee the members should meet, organize and elect officers 
the same as in the first class districts. 

208. High school committee — term — vacancies. 

The members of said high school committee shall 
hold the office for and during the term they are 
members of their respective boards. Any vacancies 
in said committee, other than such as are caused by 
the expiration of the term of office, shall be filled by 
the school board of which the person so vacating 
was a member. The secretary shall be elected an- 
nually, and may receive such compensation as the 
committee shall deem proper to allow. — R. 8, 5961 

Note. Committee on high schools in counties of fourth and 
fifth classes, section 218. 

209. High school committees — meetings. The 

regular meetings of the high school committee shall 
be held on the first Saturday of March, June, Sep- 
tember and December of each year, and special 
meetings may be held at any time upon the call of 
the county superintendent, or of two members of the 
committee. —R. s. 5963 

210. Powers of committee, Said committee 
shall exercise all the powers and perform all the 
duties, with reference to said high school, that are 
accorded to and required of school boards through- 
out the state, as provided in section fifty of this 
act, and shall have power to establish and prescribe 
the qualifications and manner of examination for 
admittance to the high school. — i?. ^. 5964 

Note. Section 50 above referred to is section 124 herein. 
271 



§211 HIGH SCHOOLS 

Has right of 'body corporate. 

1. A union high school district may be bonded for the 
purpose of erecting a high school building. The uniting 
of contiguous districts into one district for a special pur- 
pose gives such district, when properly organized, the same 
right to act as a body corporate as other districts possess. 

Powers bf hoard: not increased. 

2. The circumstance that union high schools have been 
established does not increase the powers of boards of the 
third class districts in the matter of erecting high school 
buildings, but their powers of erecting such buildings must 
be derived from the electors, as in other cases. 

211. How maintained — proportion of school 
fund — deficit. After the first establishment of such 
a high school, it shall be maintained until the then 
next regular apportionment of the county school 
fund, as follows: Each district which shall have 
any children attending such high school shall draw 
from its school fund, and cause to be placed to the 
credit of [the] high school fund, such part of the 
whole expenses as shall be proportioned to the num- 
ber of pupils attendant at such high school from 
such district, provided, it is with the approval of 
the directors of said district. After the first year, 
or part of a year, so as above provided for, the said 
high school shall, so far as practicable, be rated as 
a separate district. It shall be entitled to draw from 
the general, state and county funds its quota for 
attendance, as provided by section seventy-two of 
this act, and the deficit shall be made up from the 
several district funds in proportion to [the] number 
of pupils from each district who attended said high 
school during the then past year. — R. S. 5966 

Note. Section 72 referred to in this section is section 100. 

Note. For different kinds of union high schools and how 
maintained, see note 1, section 207. 

Note. For different kinds of public schools and how main- 
tained, see note 1, section 238. 

272 



HIGH SCHOOLS §§212-213-214-215 

Apportionment of school fund. 

1. The amount of the general fund apportioned to a 
pupil attending a union high school should be credited to 
such high school and not to the district in which he resides. 

Pupils not draw money for common and high school. 

2. A pupil cannot be listed as a union high school 
pupil and also as a pupil of the district in which he resides 
and draw general school money for both common and union 
high schools. 

212. Forty weeks annually — who may be ad- 
mitted. The high school may be maintained during 
forty weeks in each year, and shall be free to all 
children in the county who are qualified for ad- 
mission, according to the requirements prescribed 
by the committee, and all children in the county 
who are so qualified, and who can pass the examin- 
ation prescribed by the committee shall be entitled 
as of right to attend said high school.— i^.^. 5969 

213. Every district contributing have voice in 
election. Every district in the county which con- 
tributes to the support and patronage of said high 
school shall, by its board of directors, be entitled to 
a voice in the election of members of the committee. 
—R. S. 5971 

UNION HIGH SCHOOLS IN COUNTIES OF FOURTH 
AND FIFTH CLASSES. 

214. Organization. In all counties of the fourth 
and fifth classes, all school districts lying adjacent 

I to an incorporated town or city may be organized 
into a union high school district. — R. 8. 5972 

215. How supported — annual levy — building. 
The county commissioners of each of said counties 
are required to levy a tax of not less than one or 
more than three mills upon all taxable property in 
such high school districts when the same shall have 

273 



§§216-217-218 HIGH SCHOOLS 

been organized, for the support of such school. 
Such levy shall be made annually after the organ- 
ization of the said district shall have been made, at 
the same time that other taxes are levied. 

It shall be the duty of the school district in 
which such school or incorporated town is incorpo- 
rated to provide, at its own expense, a suitable 
building for the use of such union high school. 
—R. S. 5973 

Note. For different kinds of union high schools and how 
maintained, see note 1, section 207. For different kinds of public 
schools and how maintained, see note 1, section 238. 

216. Addition — outlying district. Any outlying 
school district not contiguous to such city or incor- 
porated town msiy, by a majority vote of the duly 
qualified electors of such district, be added to any 
such union high school district within the county: 
and where it is more convenient for the pupil of 
any school district to attend school in a union high 
school of another county, such district may be at- 
tached, by such vote, to the union high school dis- 
trict of an adjacent county.— i?. S. 5974 

217. No conflict. The organization of thesi^ 
union high school districts shall not affect the or- 
ganization nor the levy of the regularly organized 
districts.— i^. ^. 5975 

218. School board — how constituted — election. 
The county superintendent shall, on or before the 
first day of May, 1903, appoint one member from 
each of the adjoining or outlying districts compos- 
ing such union high school districts who shall, to- 
gether with the members of the regularly organized 
district in which the building is located, constitute 
the school board of such union high school district. 

274 



HIGH SCHOOLS §§219-220 

Each following year the members of the school 
board shall be elected at the regular annual meeting 
of the several districts.— 7?. s. 5976 

Committee. 

1. The county superintendent is not a member of a 
union high school committee in a county of the fourth or 
fifth class, but the board is composed of one member from 
each of the outlying districts and the members of the reg- 
ularly organized district in which the building is located. 

2. The members of the union high school board 
should give bonds and take the oath of office the same as 
the members of any other board. 

3. After the election of the union high school com- 
mittee the members should meet, organize and elect officers 
the same as in the first class districts. 

219. Qualifications to enter — course of study. 

The qualifications necessary to enter such union 
high school shall be a diploma from the county su- 
perintendent upon completion of the eighth grade 
work, or a certificate issued upon grades in lieu of 
the eighth grade work. The county superintendents 
of the several counties shall, at their first annual 
state meeting, appoint a committee of five, who shall 
formulate a course of study for such union high 
schools, such course to be uniform in all the grades. 

—R. 8. 5977 

DISTRICT HIGH SCHOOLS. 

220. Board in first or second class districts may 
!i establish high school. The school board of districts 

I of the first and second classes shall have the power 

! to establish a separate high school whenever they 
shall deem it expedient or necessary and shall have 

, power to determine the qualifications for admission 
to such school, and shall exercise all the powers with 
reference to such high school which are accorded to 

I them in relation to the schools of lower grade ; Pro- 

275 



§220 HIGH SCHOOLS 

vided, That no school board shall build or lease any 
building especially for such high school, unless au- 
thorized to do so by a vote of the district, as pro- 
vided in section sixty-two of this act.— J^. 8. 5926 

Note. Section 62 above referred to is section 148. 

Note. For different kinds of high schools, see note 1, section 
191. For different kinds of public schools and how maintained, 
see note 1, section 238. 

District high schools — how maintained. 
1. District high schools are a part of the common 
school system of their respective districts, and are main- 
tained in the same manner. 



276 



HOLIDAYS AND SCHOOL YEAR 



221. School year — month — week — day — na- 
tional holidays. The school year shall begin on the 
first day of July and end on the thirtieth day of 
June. A school month shall be four weeks, a school 
week five days, and a school day shall not exceed 
six hours, excluding the time of intermission at' 
noon. The term '^national holiday,'' in this chap- 
ter, shall be construed to mean Thanksgiving day, 
Christmas day. New Year's day, Washington's birth- 
day. Decoration day. Labor day and the fourth day 
of July.—R. s. 6013 

Holidays and semi-holidays. 
Note. In addition to above holidays, the general election 
day, in November; Colorado day, first day of August; Columbus 
day, twelfth day of October, and Lincoln's birthday, although not 
specifically made a holiday as to schools, are considered holidays 
so far as our public schools are concerned. Arbor day, the third 
Friday in April; Flag day, in June (proclaimed by the governor), 
and Good Roads day, the second Friday in May, are designated 
as semi-holidays, to be observed by special exercises. 

Legal holidays — how observed. 

1. A legal holiday falling upon Sunday, it is custo- 
mary to observe Monday. 

2. The twenty days of a school month include such 
holidays as may occur on school days within that month. 

3. The time between Christmas and New Year's may 
be given to the teacher if the school board chooses to do 
so, but it does not legally belong to him. 

4. A school board has the right to determine the time 
and duration of vacations. 

5. Labor Day, being a legal holiday in Colorado, one 
is not required to teach a day during the month of Sep- 
tember to make up for the school day lost. 

6. When school opens on the Tuesday following Labor 
Day, Labor Day is counted as a holiday, and is not required 
to be made up by teacher. 

277 



§ 221 HOLIDAYS AND SCHOOL YEAR 

7. Lincoln's Birthday is considered a legal holiday. 
When a holiday occurs on Sunday it is customary to ob- 
serve the following Monday. 

8. Established custom provides for the observance of 
Washington's and Lincoln's birthdays in the public schools 
by having a patriotic program the day previous to the 
holiday, and it is so understood and so observed. 

Teacher entitled to salary for legal holidays. 

9. A teacher is entitled to have as holidays the days 
designated as such by the laws of Colorado, and is entitled 
to receive her pay for the same when occurring on school 
days during her term of school. 

10. In the absence of an express provision in a 
teacher's contract excluding holidays, the teacher is en- 
titled to pay for all holidays coming within the school 
week included in > the period of employment. 

11. If, with the consent of the directors, a teacher 
holds school on a legal holiday to make up for a day lost, 
the teacher is entitled to pay for the full month. 

J.2. To be entitled to his salary for the day, the teacher 
should remain in the school room after the hour of opening, 
both forenoon and afternoon, a suflacient time to determine 
that no pupils will be in attendance. 

Vacation — teachers not entitled to pay. 

13. If a teacher is engaged by the year at an annual 
salary, vacations are not deducted. If he is employed by 
the month, and paid a fixed sum per month, vacations are 
deducted, if there is no contract to the contrary. A teacher 
could just as lawfully cjaim pay for the long summer 
vacation as for the customary holiday vacations; this does 
not, however, refer to legal holidays. 

14. A teacher is entitled to pay for New Year's Day, 
which comes on Monday of the first school week after 
vacation unless otherwise specially provided in the con- 
tract of employment. If the entire week had been made 
a vacation, then the teacher would be entitled to no com- 
pensation for such holiday. 

Year. 

15. The fiscal year, with reference to which all taxes 
are levied, and all revenue matters are provided for, begins 
with December 1st and ends November 30th, while the 
school year as relating to the making of reports, election 
of officers and term in which the necessary months of 
school must be held, is between July 1st and June 30th. 

278 



» HOLIDAYS AND SCHOOL YEAR §§222-223 

^L Time to hold organization. 

^B 16. ' The three months' school required by law to hold 
^Bie organization of a district and secure an apportionment 
should be held between July 1st and June 30th. 

17. The law requires that school shall be taught five 
days in the week. There is no provision which would make 
it illegal to hold school on Saturday. 

Hour's intermission. 

18. The teacher has a right to her hour's intermission 
at noon, providing she teaches the requisite six hours 
through the day. She is required to teach school from 9 
a. m. to 4 p. m., unless the board gives her permission 
to finish at an earlier hour. 

ARBOR DAY. 

222. Arbor day — third Friday in April — how to 
be observed. The third Friday in April of each year 
shall be set apart and known as ^^ Arbor Day," to 
be observed by the people of this state in the plant- 
ing of forest trees for the benefit and adornment of 
public and private grounds, places and ways, and in 
such other efforts and undertakings as shall be in 
harmony with the general character of the day so 
established; Provided, That the actual planting of 
trees may be done on the day designated, or at such 
other most convenient time as may best conform to 
local climatic conditions, such other time to be desig- 
nated and due notice thereof given by the several 
county superintendents of schools for their respec- 
tive counties.— i?. /Sf. 2942 

223. Holiday in schools — how observed. The 
day, as above designated, shall be a holiday in all 
public schools of the state, and school officers and 
teachers are required to have the schools under their 
respective charge observe the day by planting of 
trees or other appropriate exercises.— i?. 8. 2943 

279 



§§224-225-226 HOLIDAYS AND SCHOOL YEAR 

Legal holiday. 
1. While Arbor Day is a legal holiday, it is not a 
holiday in the sense that the schools may be closed upon 
that day, since certain observances are required on the 
part of the schools. 

224. Governor issue proclamation — superintend- 
ent of public instruction — county superintendents — 
report. Annually, at the proper season, the governor 
shall issue a proclamation, calling the attention of 
the people to the provisions of this act and recom- 
mending and enjoining its due observance. The su- 
perintendent of public instruction and the respective 
county superintendents of schools, shall also pro- 
mote, by all proper means, the observance of the 
day, and the said county superintendents of schools 
shall make annual reports to the state forest com- 
missioner of the action taken in this behalf in their 
respective counties.— i?. ;Sf. 2944 

COLORADO DAY. 

225. Colorado day— first day in August— com- 
memoration of admission of state — public holiday. 

That the first day of August of the year 1907, and 
the first day of August of each and every year here- 
after is hereby made a public holiday to be known 
as ^^ Colorado Day," and such day is hereby set 
apart for a proper celebration by our people in 
commemoration of the admission of the state of 
Colorado into the union.— i?. >Sf. 2945 

226. When first day falls on Sunday— Monday 
following to be celebrated. That whenever the first 
day of August falls upon Sunday the following 
Monday is hereby designated as the day for cele- 
brating such event. 

280 



I 



HOLIDAYS AND SCHOOL YEAR §§227-228-229 

Provided, That this act shall not be construed to 
affect the making or execution of agreements or in- 
struments in writing, or to interfere with judicial 
proceedings.— i^. S. 2946 

COLUMBUS DAY. 

227. Columbus day — twelfth day of October — 
leg-al holiday. The 12th day of October of the pres- 
ent year of our Lord, 1907,»and the 12th day of Oc- 
tober of each year thereafter is hereby declared a 
public holiday, to be known as ^^ Columbus Day,'' 
and the same shall be recognized, classed and treated 
as other legal holidays under the laws of this state ; 
Provided, That this act shall not be construed to af- 
fect commercial paper, the making or execution of 
agreements or instruments in writing, or interfere 
with judicial proceedings.— i^. S. 2948 

ELECTION DAY. 

228. Election day in November. Election day 
in November of each year is hereby made a legal 
holiday.— i?. S. 2949 

GOOD ROADS DAY. 

229. Second Friday in May— holiday. That the 
second Friday in May of each year shall be set apart 
and known as Good Roads Day, to be observed by 
the people of this state in the discussion of public 
highways and in the construction and repair of the 
same, for the benefit and advancement of good roads 
in the state of Colorado, and in such further efforts 
and undertakings as shall be in harmony with the 
general character of the day so established.—^'. L. 7i, 
p. 446 

281 



§§230-231 HOLIDAYS AND SCHOOL YEAR 

230. Public schools observe. In all public 
schools of the state, school officers and teachers are 
required to have the schools in their respective 
charge observe the day by teaching and educating 
the children of the schools with respect to the bene- 
fits of good roads.— yS. L. 'li, p. 447. 

231. Proclamation of governor. Annually at the 
proper season, the governor shall issue a proclama- 
tion calling the attention of the people to the pro- 
visions of this act and recommending and enjoining 
its due observance. The state superintendent of 
public instruction and the respective county super- 
intendents of schools shall also promote by all 
proper means the observance of the day, and the 
county superintendents of schools shall make annual 
reports to the state highway commissioner of the 
action in this behalf in their respective counties. 
—S. L. '11, p. 447. 



282 



INTEREST 

232. Rate of interest on school orders and school 
warrants. County orders and warrants, town and 
city and school orders and warrants and other like 
evidences or certificates of municipal indebtedness 
shall bear interest at the rate of six per centum per 
annum from the date of presentation thereof for 
payment at the treasury where the same may be 
payable, until there is money in the treasury for the 
payment thereof, except when otherwise specially 
provided by law, and every county treasurer, town 
treasurer and city treasurer to whom any such coun- 
ty, town, city or school order or warrant is presented 
for payment, and who shall not have on hand the 
funds to pay the same, shall endorse thereon the 
rate of interest said order or warrant will draw, and 
the date of such presentation, and subscribe such 
endorsement with his official signature; Provided, 
That all such orders and warrants may be made to 
bear a lower rate of interest than above specified, 
by special agreement between such counties, towns 
and cities issuing the same, and the person to whom 
such orders or warrants are issued.— 2^. 8. 3164 



283 



KINDERGARTENS 



233. Free kindergartens may be established — 
cost. The school board of any school district in the 
state shall have power to establish and maintain 
free kindergartens in connection with the public 
schools of said district, for the instruction of 
children between three and six years of age, resid- 
ing in said district, and shall establish such courses 
of training, study and discipline, and such rules and 
regulations governing such preparatory or kinder- 
garten schools as said board may deem best*, Pro- 
vided, That nothing in this act shall be construed to 
change the law relating to the taking of the census 
of the school population, or the apportionment of 
state and county school funds among the several 
counties and districts in this state; Provided, 
further, That the cost of establishing and maintain- 
ing such kindergartens shall be paid from the special 
school fund of said districts, and the said kinder- 
gartens shall be a part of the public school system 
and governed as far as practicable in the same man- 
ner and by the same officers as is now, or hereafter 
may be, provided by law for the government of the 
other public schools of the state ; Provided, further. 
That teachers of kindergarten schools shall have a 
diploma from some reputable kindergarten teachers' 
institute, or pass such examination on kindergarten 
work as the kindergarten department of the state 
normal school may direct.— i^. S. 5927 

Establishment of school mandatory. 
a. Section 2 Article 9 of the constitution providing for 
the establishment and maintenance of a system of free 

284 



KINDERGARTENS § 233 

public schools, is mandatory and requires affirmative action 
by the legislature, and is not a limitation of its power to 
provide free schools for children under the age of six 
years. — In re Kindergarten Schools, 18 C. 234 

Certificates, 

1. Under the above provision a Colorado school board 
may lawfully employ a kindergarten teacher having a di- 
ploma from some reputable kindergarten teachers' institute 
outside of the state of Colorado, and it is not necessary 
that such teacher shall first pass an examination directed 
by the kindergarten department of the state normal school. 

2. It is illegal to pay from the public fund a kinder- 
garten teacher or assistant who holds no kindergarten cer- 
tificate. 

3. A district of the first class has no authority to issue 
kindergarten certificates. 

4. It would not be legal for a district of the first class 
to employ a teacher for kindergarten work if the board's 
certificate is the only credential that she holds in connec- 
tion with such work. 

5. The examination for state kindergarten certificate 
occurs on the third Thursday, Friday and Saturday in 
August at the ofl^ce of the superintendent of public instruc- 
tion; and a certificate obtained at the state kindergarten 
examination is good for life, unless revoked by the state 
board of education. 



285 



NORMAL INSTITUTES 



234. Normal institutes — time and place — how 
determined. For the purpose of organizing and 
maintaining teachers' normal institutes, the state 
shall be divided into the following institute districts, 
viz. : The counties of Sedgwick, Phillips, Logan, 
Yuma, Washington and Morgan to constitute normal 
district No. one. The counties of Weld, Larimer 
and Boulder to constitute normal district No. two. 
The county of Arapahoe to constitute normal dis- 
trict No. three. The counties of Gilpin, Clear Creek 
and Jefferson to constitute normal district No. four. 
The counties of Douglas, Elbert and El Paso to con- 
stitute normal district No. five. The counties of Kit 
Carson, Lincoln and Cheyenne to constitute normal 
district No. six. The counties of Fremont, Custer 
and Pueblo to constitute normal district No. seven. 
The counties of Kiowa, Otero, Bent, Prowers and 
Baca to constitute normal district No. eight. The 
counties of Huerfano and Las Animas to constitute 
normal district No. nine. The counties of Saguache, 
Costilla, Conejos and Rio Grande to constitute nor- 
mal district No. ten. The counties of La Plata, 
Montezuma, Archuleta, Dolores and San Juan to > 
constitute normal district No. eleven. The counties ^ 
of San Miguel, Ouray, Hinsdale, Mesa, Delta, Mont- 
rose and Gunnison to constitute normal district No. . 
twelve. The counties of Chaffee, Lake, Park, Pit- • 
kin. Eagle, Summit, Garfield, Routt, Rio Blanco and ! 
Grand to constitute normal district No. thirteen. 
Provided, That new counties formed within the ' 

286 



NORMAL INSTITUTES § 234 

limits of any institute district shall be a part of 
said district. A normal institute for the instruction 
of teachers and those desiring to teach may be held 
annually for a term of not less than two weeks in 
each normal district of the state. The county su- 
perintendents of each institute district shall an- 
nually select not more than three of their number as 
an executive committee, who, with the advice and 
consent of the superintendent of public instruction 
and the president of the state normal school, shall 
determine the time and place of holding such normal 
institute, and shall select a conductor and instruc- 
tor for the same. To defray the expenses of said 
institute the executive committee shall require the 
I payment of one dollar registration fee for each per- 
I son attending the normal institute, and each county 
I superintendent is hereby authorized to add five per 
I cent, to the averaging standing in examination of 
'[ teachers who shall attend the normal institute from 
I his county. When a normal institute of not less 
than two weeks is held in any institute district of 
the state the executive committee in charge shall 
; certify to the boards of county commissioners of the 
; several counties within the district the number and 
; names of the persons attending said institute from 
I their respective counties, and it shall be the duty of 
the board of county commissioners of the county 
where such persons belong to appropriate the sum 
of two dollars for each person so certified. The 
funds- arising from registration fees and appropria- 
tions of county commissioners shall be designated 
the ^^ normal institute fund, '' and some county treas- 
urer, whom a majority of the county superintend- 

287 



§234 NORMAL INSTITUTES 

ents of the district shall designate, shall be the cus- 
todian of said fund. The executive committee shall, 
at the close of each institute, transmit to said cus- 
todian all funds received by it, as provided in this 
section, together with the name of each person pay- 
ing a registration fee. The executive committee 
shall also report to the several boards of county 
commissisoners in the district, the name and ad- 
dress of the custodian of the ^^ normal institute 
fund." On the receipt of such notice the several 
boards of county commissioners shall issue war- 
rants for the appropriations provided in this sec- 
tion, payable to said custodian. It shall be the duty 
of the superintendent of public instruction, an- 
nually, when the executive committee of any normal 
institute district shall certify that not less than 
twenty persons have paid the registration fee, and 
have received instructions during the session of the 
institute, to certify the same to the auditor of state, 
who shall forward to the custodian of the ^* normal 
institute fund" of such district a warrant on the 
state treasurer for the sum of fifty dollars, to be 
paid out of any money appropriated for that pur- 
pose. All disbursements of the ^^ normal institute 
fund" shall be upon the order of the executive com- 
mittee, and no order shall be drawn on said fund i 
except for claims approved by said committee for 
services rendered and expenses incurred in connec- 
tion with the normal institute. It shall be unlawful 
to pay any one from the institute fund for services 
as conductor or instructor for such institute, who 
does not hold a certificate or qualification for such 
work, issued by the state board of education, upon 

288 



Normal institute^ §234 

the recommendation of the state board of examiners ; 
Provided, That a member of the state normal school 
faculty shall be ex officio a conductor of normal in- 
stitutes.— i?. S. 5996 

Note. Mineral county made a part of normal institute 
district No. 10 (R. S. 5997); Teller county made a part of the 
fifth normal institute district (R. S. 5998) ; Arapahoe and Adams 
counties, with the city and county of Denver, constitute normal 
institute district No. 3 (R. S. 132 and 5999); Jackson county at- 
tached to the second normal institute district (S. L. '09, p. 436); 
Crowley county made a part of the eighth normal district (S. I^. 
'11, p. 222). 

County superintendent not entitled to compensation, when. 
a. There is nothing in the law imposing a duty upon 
county superintendents to attend a district normal, and the 
county superintendent who does so is not entitled either 
to mileage or a per diem compensation, although he may 
be a member of the executive committee of the normal 
district. — Stevens v. Seclgivick Co., 5 C. A. 115 

Five per cent, credit for attendance. 

1. A county superintendent is under no obligation to 
add five per cent, to the standing of applicants for teachers* 
certificates who attend the normal institute from a county 
other than his own, but he may if he so desires. 

2. It is not intended by law that the five per cent, for 
attendance at normal institute shall be added in any county 
unless the applicant has attended a normal institute in this 
state during the whole time it is in session. 

3. The five per cent allowed an applicant for a teach- 
er's certificate on account of attendance at a normal insti- 
tute means a straight five per cent of one hundred, and not 
five per cent of the general average, for otherwise one 
teacher would receive more credit than another for attend- 
ing such institute, which is not the intent of the law. 

4. The credits which county superintendents are in- 
structed to give to applicants for certificates by reason of 
attendance at the normal institutes should be given to 
those persons only who have attended an institute in 
Colorado. 

5. The five- per cent credit may be given at any exam- 
ination during the year immediately following the normal 
Institute, and the county superintendent may use his dis- 
cretion at which examination this is to be given ; Provided, 
That it is only to be given at one examination. 

2S9 
10 



§234 NORMAL INSTITUTES 

Session. 

6. Two weeks' session of the normal institute must be 
held. If the session is shorter, the county commissioners 
are under no obligation to pay for teachers attending from 
their county. 

Teacher not paid for attendance. 

7. Where a county superintendent calls a county insti- 
tute or teachers' association, he has not the right to rule 
that the district must pay the teacher the same as if she 
had taught school, although the school board has the right 
to allow the teacher such time and pay her for it upon the 
request of the county superintendent; but the authority in 
the matter rests with the district board. 

Pay for services as conductor. 

8. It shall be unlaw^ful to pay any one from the in- 
stitute fund for services as conductor or instructor of such 
institute, who does not hold a certificate or qualification 
for such work, issued by the state board of education upon 
the recommendation of the state board of examiners; 
Provided, That a member of the state normal school faculty 
shall be ex-offlcio a conductor of normal institutes. 

Time and place of normal — how determined. 

9. The executive committee from each normal institute 
district with the advice and consent of the state superin- 
tendent of public instruction, and the president of the state 
normal school, shall determine the time and place of holding 
such normal institute, and select a conductor and instructor 
for the same. 

Certificate not endorsed. 

10. A normal institute certificate need not be endorsed. 
The certificate is good until revoked by the state board of 
education, or until the expiration of the time specified on 
the face of the certificate. 

Fee. 

11. The law requiring a dollar fee for a teacher upon 
taking the examination, in no way does away with the 
requirement of the attendance fee for attending a normal 
institute. 

Meeting of committee — hy whom called. 

12. If the president of an institute executive committee \ 
fails to call a meeting of the committee it would be proper i| 
for the other two members to call a meeting, giving the 
president notification of such meeting; and at such meeting i\ 

290 



NORMAL INSTITUTES § 234a 

it would be proper to transact the necessary business to 
establish and maintain a successful institute. 

Attendance of county superintendent at district normal not 
compulsory. 

13. There is nothing in this act imposing a duty upon 
county superintendent to attend a district normal, and a 
county superintendent who does so is not entitled either to 
mileage or a per diem compensation, though he is a member 
of the executive committee of the normal district. 

[Note. The following (omitting the title and enacting, re- 
pealing and emergency clauses) is the law passed by the eight- 
eenth general assembly and referred by petition, and will be 
voted upon by the people at the general election in 1912. If car- 
ried, it will repeal section 234 herein.] 

234a. For the purpose of establishing and main- 
taining teachers' summer normal school districts and 
summer normal schools the state shall be divided 
into the following districts : The northern Colorado 
district shall consist of the counties of Weld, Logan, 
Sedgwick, Phillips, Yuma, AA^ashington, Morgan, 
Adams, Arapahoe, Douglas, Elbert, Lincoln, Kit 
Carson, Cheyenne, Jefferson, Clear Creek, Boulder, 
Gilpin, Denver, Larimer and Jackson; the southern 
Colorado district shall consist of the counties of 
Teller, Park, Fremont, El Paso, Custer, Pueblo, 
Huerfano, Las Animas, Otero, Bent, Prowers, Baca 
and Kiowa ; the San Luis A^alley district shall consist 
of the counties of Costilla, Conejos, Rio Grande, 
Saguache and Mineral; the Montezuma valley dis- 
trict shall consist of the counties of Archuleta, San 
Juan, La Plata, San Miguel, Dolores and Monte- 
zuma; the central western Colorado district shall 
consist of the counties of Gunnison, Chaffee, Lake, 
Eagle, Summit, Garfield, Mesa, Pitkin, Delta, Mont- 
i rose, Hinsdale and Ouray; the northwestern Colo- 
»! rado district shall consist of the counties of Grand, 
f j Rio Blanco and Routt.— ^. L. '11, p. 156 

291 



§§234b-234c NORMAL INSTITUTES 

234b. A summer normal school for the instruc- 
tion of teachers and those desiring to teach shall be 
held annually for a term of not less than six weeks 
in each summer normal school district of the state. 
The county superintendents of each summer normal 
school district shall annually elect not more than 
three of their number as an executive committee. 
The board of trustees of the state normal school at 
Greeley, together with this committee, shall employ 
all instructors, determine the time and place of hold- 
ing each summer normal school, and perform all 
other functions of a managing board for said sum- 
mer normal school districts ; provided that the sum- 
mer school for the central western Colorado district 
shall be held at Gunnison, and the summer school 
for the northern Colorado district shall be held at 
Greeley; provided further, that any school of college 
grade located in any summer normal school district 
may offer courses for teachers which, if satisfactory 
to the governing board of said district shall be ac- 
cepted as fulfilling the minimum requirements for 
the training of teachers.— >Sf. L. '11, p. 157 

234c. To defray the expenses of said summer i| 
normal schools, a registration fee shall be collected 
from each person attending the summer normal 
school. The executive committee of county super- 
intendents shall certify to the boards of county com- 
missioners of the several counties of the state the I 
number and names of the persons attending a sum-j 
mer normal school from their respective counties,*! 
and it shall be the duty of the county commissioners-j 
of the county where such persons belong to appro- 
priate the sum of $2.00 for each person so certified. 
—S. L. '11, p. 157 

293 



NORMAL INSTITUTES §§ 234d to 234g 

234d. This money, together with all fees col- 
lected for the examination of teachers, fees collected 
from those who attend a summer normal school, and 
all special appropriations for the support of such 
schools, shall be forwarded to the state treasurer 
and shall be designated by him, ^'The Summer Nor- 
mal School Fund/'— ^. L. '11, p. 157 

234e. All fees collected from each summer nor- 
mal school district shall be kept separate for the use 
of that district.— /Sf. L. '11, p. 158 

234f. The state auditor shall, upon the order of 
the president of the board of trustees of the state 
normal school at Greeley, countersigned by the sec- 
retary of said board and by the chairman of the 
executive committee of the summer normal school 
district in whose favor the warrant is drawn, draw 
his warrant in favor of the treasurer of the desig- 
nated district; provided, that moneys appropriated 
or collected for one summer normal school district 
shall be used for no other purpose than the legiti- 
mate expenses of that district. — S. L, '11, p. 158 

234g. To assist in effectively carrying out the 
provisions of this act, the sum of five thousand dol- 
lars is hereby appropriated from the general fund 
out of any moneys not otherwise appropriated, to be 
used by the trustees of the state normal school at 
Greeley for the maintenance of summer normal 
schools in the designated districts.— /S'. L. 'ii, p. 158 



293 



PUBLIC CONTRACTS 



235. Officer not interested in contract. When- 
ever any officer of this state or of any county, city, 
town or school district therein, shall be charged 
with the duty of making* any contract for or on 
behalf of this state, or of any county, city, town 
or school district therein shall be obliged to pay any 
sum of money to any person whomsoever, and when- 
ever any such officer, as a member of any board of 
auditors, commissioners or directors, or otherwise, 
shall have any vote or voice in awarding any such 
contract, it shall not be lawful for any such officer 
to become in any manner bound for the fulfillment 
of such contract, or to take or receive any part or 
portion of the m,oney specified in such contract, or' 
to be in any way, manner or degree, interested in 
such contract, excepting in his official representative 
capacity.—^. S. 4994 

Director not make contract toith hoard. 

1. Any member of a board of directors who shall have 
any voice or vote in awarding a contract cannot lawfully 
enter into any part in the fulfilling of said contract; nor 
can he take or receive any part or portion of the money 
specified in said contract, or be in any way, manner or 
degree interested in said contract, except in his official 
representative capacity. 

2. A school director cannot legally become a teacher 
in the district in which he holds that office. 

3. A school director has no right to cause his district! 
to be in any way indebted to him unless such director r 
happens to be secretary of the district and compensation i 
has been allowed, in which case he makes out a warrant t 
to himself, and that warrant is signed by the treasurer. 

4. Contracts made by a school district with a school > 
director in violation of the law relative to public contracts ^ 
are void. 

294 



I 



PUBLIC CONTRACTS §§236-237 

School hoard Jet contract to hushand of director. 
5. A school board can legally let a contract to a man 
whose wife is a member of the school board, as the fact 
that the wife is a member and is, therefore, excluded from 
being a party to a contract with the district would in no 
way affect the husband, who is not a member of the school 
board. 

236. Penalty. Whosoever shall offend against 
the provisions of this act shall be imprisoned not ex- 
ceeding six months, and fined not exceeding $2,000, 
and shall be removed from office. — R. 8. 4995 

237. Officers dealing in warrants. It shall be 
unlawful for any county, city, town or school dis- , 
trict officer in this state to buy, purchase, trade in or 
acquire, either directly or indirectly, any county, 
city, town or school district warrant or any other 
evidences of county, city, town or school district in- 
debtedness of the county of which he is such officer 
at the time. Any violation of the provisions of this 
act shall be adjudged a misdemeanor and punished 
in the discretion of the court by a rine and not ex- 
ceeding five hundred dollars, or imprisonment in 
the county jail for a period of not more than thirty 
days.— 7^. ^.1820 



295 



PUBLIC SCHOOLS 



238. Public school defined. A public school is 
hereby defined to be a school that derives its support 
entirely, or in part, from money raised by a general 
state, county or district tax. — i^. ;S'. 6008 

Public schools — kinds. 
Note. The public schools of this state consist of the ele- 
mentary schools and the high schools. 

Elementary schools include (a) kindergarten schools and (b) 
. the first eight grades of the public schools. 

(a) Kindergarten schools are supported by moneys from the 
special fund of the respective districts establishing them; but 
their establishment, like district high schools, are optional with 
the different districts, and, when established, are free to all 
children between the ages of three and six years residing within 
such district. 

(b) The first eight grades must be taught in at least one 
public school in each school district of the state, and be free to 
all children of school age residing in such district. Such schools 
are supported by their quota from the general fund and from a 
special fund raised by a mill levy on all taxable property within 
the district, not to exceed twenty mills, however, in third class 
districts. 

High schools consist of (a) district high schools, (b) union 
high schools and (c) county high schools. 

(a) District high schools may be maintained in any first or 
second class district desiring to establish them, but not in third 
class districts, although the latter may add certain of the high 
school branches to the first eight grades. Such high schools are 
free to all children of school age residing within such district, 
and are supported in the same manner as the eight grade schools. -^ 

(b) Union high schools are of three kinds: 

(1) When composed of two or more contiguous districts, 
not including a county seat, or an incorporated city or town in a 
fourth or fifth class county. Such union high schools are free 
to all children of school age residing within the county, and are 
supported by their quota from the general fund. Any deficit is 
made up by the different districts, in proportion to the number 
of children attending from each. 

296 



i 



PUBLIC SCHOOLS §239 

2. When the county seat is all included in one district. 
Such union high school is also free to all children of school age 
residing within the county, and is supported by its quota from 
the general fund and by a levy of not to exceed four mills on all 
the taxable property of the coUnty. 

3. When organized from districts contiguous to and includ- 
ing an incorporated city or town in fourth and fifth class coun- 
ties, the school building to be furnished by such city or town. 
Such union high schools are free to all children of school age 
residing within such districts, and are supported by their quota 
from the general fund and a levy of not less than one nor more 
than three mills on all taxable property therein. 

(c) County high schools are of one kind only, and are 
established at the county seats unless otherwise ordered by a 
majority vote of the electors of the entire county. They are 
free to all children of school age within the county, and are 
supported by their quota from the general fund and by a levy 
of not to exceed four mills on all taxable property within the 
county. 

What constitutes a public school. 

1. The departments of a school cannot be legally con- 
sidered as separate schools. 

2. Where a school is conducted as a public school, 
even though supported by other than public school money, 
it is proper to include the additional term after the five 
months. provided for by the school fund, as if it were also 
supported by such fund, and the teacher should make her 
report for the whole time. 

3. If a school teacher is engaged to teach a school in 
a district and is paid even in part from the public school 
fund, the school is a public school, open to all children 
eligible 'to attend school in the district, and such a school 
must be controlled as any other public school is, even if 
supported in part by private subscription. 

239. Schools taught in English language — hy- 
giene — Spanish — German — humane treatment to an- 
imals. The public schools of this state shall be 
taught in the English language, and the school 
boards shall provide to have taught in such schools 
the branches specified in section fifteen of said chap- 
ter; and such other branches of learning in other 
languages as they may deem expedient, including 

297 



§239 PUBLIC SCHOOLS 

hygiene, with special reference to the effects of al- 
coholic stimulants and narcotics upon the human 
body, and shall cause to be given in each school 
week two lessons of not less than ten minutes' dura- 
tion each on the subject of humane treatment to ani- 
mals; and whenever the parents or guardians of 
twenty or more children of school age shall so de- 
mand, the board of such school district may procure 
efficient instructors and introduce the German and 
Spanish languages, or either of them, and gymnas- 
tics, as a branch of study into such school; and said 
district board may, upon like demand of the par- 
ents and guardians of children of school age, procure 
efficient instructors to teach the branches specified 
in said section fifteen, in the German and Spanish 
languages, or in. either of said languages, as said 
board may direct.— i^. S. 6010 

Note. Section 15 above referred to is section 149 herein. 

Certificates — modern languages — music — drawing. 

1. Section 239 provides that, upcn the demand of the 
parents or guardians of twenty or more children of school 
age, the board of such school district may procure efficient 
instructors in the German and Spanish languages, or either. 
It also provides that, upon like demand, the board may pro- 
cure like instructors to teach the branches required in the 
public schools in German or Spanish, or either. Section 383 
provides that a certificate shall not be required of person^ 
employed to teach music, drawing, or modern languages. 
From these provisions we infer that no teacher's certificate 
is required to teach music, drawing, or the German or 
Spanish language only; but if the teacher is required to 
teach the common school branches in either German or 
Spanish, then a county teacher's certificate must first be 
obtained. It would also logically follow that any person 
employed to teach any language' other than English only 
should not be required to obtain a county teacher's certifi- 
cate, 

298 



PUBLIC SCHOOLS §240 

German — ivfien taught. 

2. The school board has no right to introclucte German 
without a petition from the parents or guardians of twenty 
or more children of school age. 

3. The demands of a compulsory education law would 
not be met in case a child attended a private school in 
which the German language was used, as the intent of the 
law is that the child shall receive for the time specified 
equivalent instruction to that given through the public 
schools, w^hich the law requires shall be taught in the 
English language. 

240. Schools open, to whom. Every public 
school, except high schools, shall be open for the 
admission of all children between the ages of six (6) 
and twenty-one (21) years residing in that school 
district during at least four school months in each 
year^ and the school board shall have power to ad- 
mit adults, and children not residing in the district, 
if they see fit so to do, and to fix the terms of such 
admission.— 22. S. 6009. 

Who entitled to school privileges. 

1. All persons between the ages of six and twenty-one 
are entitled to all the privileges of the public schools. 

2. Children six years of age are entitled to school 
privileges, and it is the duty of the board of directors to 
provide adequate accommodations for them. 

3. A school board has the right to make a rule that 
children who become six years of age during the school 
year shall enter school only at . certain times — say at the 
beginning of the fall, winter or spring term. It is not 
proper to admit a child who is under six years of age. 

4. In the case of a child under school age the parent 
would have no legal right to send such a child to school, 
no matter how well advanced or capable the child might 
be; and the board would have the right to exclude the 
child from school even though he obey the teacher and does 
the w^ork w^ell. 

Maintain organization. 

5. Four months of school in each school year are 
necessary in order for a district ta hold its organization, 
and three months to entitle it to its share of the public 

299 



§241 PUBLIC SCHOOLS 

funds; so this practically makes four months of school 
necessarj' in each> district. 

Directors' power. 

6. A school director cannot legally become a teacher 
in the district in which he holds that office. 

Term lengthened dy private subscription. 

7. If the term of a public school be lengthened by 
private subscription, the time of such lengthening may be 
counted toward providing for the length of term required 
by law. 

Bummer school. 

8. While a school board, if they feel so disposed, have 
a right to establish a summer school, they have not the 
right to limit the attendance to certain pupils and others 
to pay their own tuition; but it would be legal to establish 
such a school for certain grades; and limit the attendance 
thereto. 

Building — lohere situated. 

9. School must be held in a building situated within 
the boundaries of the district. 

241. Failure to maintain school for three 
months. Any school district failing to maintain a 
public school at least three months of any school 
year, shall not be entitled to receive any portion of 
the school fund for that year.— i?. S. 5891 

Maintain organization entitle to fund. 

1. The three months' school required by law to hold 
the organization of a district and secure an apportionment 
should be held between July 1st and June 30th. 

2. A district which holds no school, but whose pupils 
by authority of the school board attend school in another 
district, the school board paying tuition to such other dis- 
trict, does not comply with the requirement of law, and is 
not entitled to its pro rata share of the general school 
fund. 

3. No school, except one duly organized according to 
law, is entitled to recognition as a public school, either in 
the distribution of funds or in any other official way. 



300 



SCHOOL CENSUS 



242. Census — school age. A school census is 
hereby defined to be a census embracing all persons 
between the ages of six and twenty-one years. 
School age is hereby defined to be any age over six 
and under twenty-one years.— i?. 8. 6014 

Note. County superintendent examines census, section 97. 

Who included in census. 

1. Deaf mutes and blind persons between the ages of 
six and twenty-one should be included in the school census. 

2. The names of all persons of school age must be 
included in the census. The law makes no exception in 
regard to married persons. 

3. It would not be legal to enroll the persons of school 
age belonging to the State Industrial School in Jefferson 
county upon the census lists of the school districts where 
the schools are located, providing such persons have a 
residence elsew^here. 



301 



STATE BOARD OF EDUCATION 



243. Who constitutes state board. The superin- 
tendent of public instruction, the secretary of state 
and attorney general, shall constitute a state board 
board of education, of which the superintendent of 
public instruction shall be president.— i?. 8. 5866 

Note. See constitution, article IX, section 1. 

244. When board meets — ^by-laws. The state 
board of education shall meet at the state capitol 
on the last Saturday in December in each year, and 
at such other times and places as may by them be 
deemed necessary, and shall have power to adopt 
any rules and regulations not inconsistent with law, 
for its own government, and for the government of 
the public schools.— 2?. 8. 5867 

Normal institute fund. 
1. The State Board of Education has no power to 
require and force county commissioners to perform their 
duties in relation to the distribution of Normal Institute 
funds. The interested parties must bring proper proceed- 
ings in court to get relief. 

245. Grant diplomas — effect. The state board 
of education is hereby authorized to grant state di- 
plomas to such teachers as may be found to possess 
the requisite scholarship and culture, and who may 
also exhibit satisfactory evidence of an exceptional 
moral character and whose eminent professional 
ability has been established by not less than two 
years' successful teaching in the public schools of 
this state. Such diplomas shall supersede the neces- 
sity of any and all other examinations of persons 
holding the same, by county, city, town, or district 

302 



STATE BOARD OF EDUCATION §§246-247-248 

in the state, for the grade of work indicated, unless 
revoked by the state board of education.— i?. s. 5868 

Certificates from other states. 
1. State certificates issued by other states are not 
recognized by the law of Colorado. Persons who wish to 
teach in this state must hold certificates issued upon exam- 
ination by the proper district, county or state authority. 

246. Diploma for eminent service. The state 
board of education may, in their discretion, issue 
state diplomas without examination, to those per- 
sons who, in addition to good moral character and 
scholarly attainments have, in the opinion of the 
state board of education, rendered eminent service 
in the educational work of the state for a period of 
not less than six years. ~^. L. '^.9, p. 371 

247. Who need not take examination. The state 
board of education shall grant state diplomas to all 
persons who shall be teaching in the public high 
schools of the state of Colorado at the time of the 
passage of this act and who shall, within a period 
of six months thereafter, satisfy the state board of 
education that they have had forty-five months' suc- 
cessful teaching experience in the public high 
schools of the state of Colorado.— /Sf.L. '(^9, p. 371 

248. Diplomas without examination. The state 
board of education shall issue state diplomas upon 
application, without examination, to applicants who 
shall be graduates of colleges situated within the 
state of Colorado, which maintain a standard four- 
year course of collegiate work and require four 
standard years of high school work or its equivalent 
for admission, and who shall also exhibit evidence 
satisfactory to the state board of education of good 
moral character, and who shall also present evi- 

303 



§ 249 STATE BOARD OF EDUCATION 

dence satisfactory to the state board of education 
that they have had twenty-four months of success- 
ful teaching experience, and who shall also produce 
evidence satisfactory to the state board of education 
of professional training equivalent to at least one- 
sixth of a standard four years' college course and at 
least three of the following groups of subjects, one 
of which shall be Practice Teaching, to-wit : 

(1) General and Educational Psychology. 

(2) History of Education. 

(3) Science and Principles of Education. 

(4) Practice Teaching and Special Methods. 

(5) Organization and Management of Schools. 

(6) Philosophy, Sociology and Anthropology. 
—S. L. '09, p. 371 

249. Diplomas license to teach for five years. 

State diplomas, granted under the provisions of thi.- 
act, shall license the holders thereof to te^ch in the 
public schools of any county, city, town or district 
in the state without the necessity of any other ex- 
amination, for a period of five years unless sooner 
revoked by the state board of education, and at the 
expiration of said time, the same may be renewed 
for a like period of five years in the discretion of 
the state board of education, and at the expiration 
of this time, the same may be renewed for life upon 
presentation to the state board of education of satis- 
factory evidence of professional growth and effi- 
ciency; Provided, That the state board of education 
shall issue upon application, without examination, 
to those persons who possess the qualifications set 
forth in section 4 of this act, experience in teach- 
ing alone excepted, a temporary, non-renewable cer- 

304 



STATE BOARD OF EDUCATION §§250-251 

tificat'e to teach for five years in the public schools 
of Colorado:—^. L. '09, p. 371 

•Note. Section 4 above referred to is section 248 herein. 

250. Board may revoke diploma. The state 
[board of education may at any time revoke a state 

diploma, upon satisfactory evidence that the holder 
thereof has become unworthy the same; Provided, 
That before revoking any such diploma, the holder 
thereof shall have at least thirty days' notice to ap- 
pear before the state board and refute any charges 
brought against him.— 2^. S. 5870 

STATE BOARD OF EXAMINERS 

251. State board of examiners — appointed by 
board of education. There is hereby created a state 
board of examiners which shall consist of a state 
superintendent of public instruction who shall be 
president of the board, and eight other persons who 
shall be appointed by the state board of education 
in the manner following: Immediately upon the 
passage of this act the state board of education shall 
appoint two members of said state board of ex- 
aminers, one of whom shall be recommended to it 
for that purpose by the president of the state agri- 
cultural college, and both of whom shall be citizens 
of Colorado, actively engaged in educational work, 
and who are not members of the faculties of either 
the state agricultural college, the university of Colo- 
rado, the state school of mines, or the state normal 
school, which said members shall hold office until 
the first day of May, A. D. 1910, and whose re- 
spective successors shall in like manner be appointed 
to hold office for successive terms of four years 
thereafter. 

305 



§ 251 STATE BOARD OF EDUCATION 

And the state board of education shall also in 
like manner appoint two members of said state board 
of examiners, one of whom shall be recommended to 
it for that purpose by the president of the university 
of Colorado, and both of whom shall be citizens of 
Colorado, actively engaged in educational work, and 
who are not members of the faculties of either the 
state agricultural college, the university of Colo- 
rado, the state school of mines or the state normal 
school, which said members shall hold office until 
the first clay of May, A. D. 1911, and Avhose respec- 
tive successors shall in like manner be appointed 
to hold office for successive terms of four years 
thereafter. 

And the state board of education shall also in i 
like manner appoint two members of said state board I 
of examiners, one of whom shall be recommended to > 
it for that purpose by the president of the state 
school of mines and both of whom shall be citizens- 
of the state of Colorado, actively engaged in educa- 
tional work, and who are not members of the facul- 
ties of either the state agricultural college, the 
university of Colorado, the state school of mines- 
or the state normal school, which said members^ 
shall hold office until the first day of May, A. Dj 
1912, and whose respective successors shall in like- 
inanner be appointed to hold office for successive* 
terms of four years thereafter. 

And the state board of education shall also ini 
like manner appoint two members of said statei 
board of examiners, one of whom shall be recom-i 
mended to it for that purpose by the president of 
the state normal school, and both of Avhom shall be* 

306 



STATE BOARD OF EDUCATIOX § 252 

(»itizens of the state of Colorado, actively engaged 
ill educational work, and who are not members of 
the faculties of either the state agricultural col- 
lege, the university of Colorado, the state school oP 
mines or the state normal school, which said mem- 
bers shall hold office until the first day of May, A. 
D. 1913, and whose respective successors shall in like 
manner be appointed to hold office for successive 
terms of four years thereafter.— ^. L. '(^,9, pp. 369 370 
li 252. Applicants to be examined. The state 
Hboard of examiners shall, as often as directed by the 
. state board of education, and at least as often as 
i once a year, and after having given due public 
j notice of the same, examine all applicants for state 
i diplomas in such branches and upon such terms as 
i in the judgment of the state board of examiners, 
I shall be requisite to prove the applicant's posses- 
: sion of academic and professional attainments, fully 
; equivalent to those set forth in section 4 of this 

j act.— ^\L. '6'f>, p. 370 

Note. Section 4 above referred to is section 248 herein. 

Grades hoio applied. 

1. The grades received on a teacher's high school cer 
tificate would not be credited on a state diploma. The 
applicant for a state di])loma must hold at the commence- 
ment of the examination, an unexpired first grade certifi- 

' cate. The fact that it had been renewed would not in- 
validate it. 

2. Grades received at a county examination could not 
^ be transferred to a state certificate. 

Experience required hefore taking state examination. 

3. The two years' teaching experience in Colorado, re 
quired before an applicant may take the examination for 
a state certificate, has been interpreted to mean two full 
years' work in a graded school where the term is not less 
than nine months. 

307 



I 



5; 253 STATE BOARD OF EDUCATION 



Certificates fi^om other states. 
4: State certificates issued by other states are not 
recognized by the law of Colorado. Persons who wish to 
teach in this state must hold certificates issued upon exam- 
ination by the proper district, county or state authority. 

253. Requirements of applicants. And the state 
board of education shall grant state diplomas to 
such persons as shall by virtue of such examination, 
be found to possess the requisite scholarship and cul- 
ture, and who shall also exhibit evidence satisfac- 
tory to the state board of education, of good moral 
character.~>Sf. L. '09, p. 370 



308 



AGRICULTURAL COLLEGE SYSTEM 



AGRICULTURAL COLLEGE AT FORT COLLINS 

254. College — objects. The following educa- 
tional institutions, to-wit: the university at Boulder, 
Ihe agricultural college at Fort Collins, the school 
of mines at Golden, and the institute for the edu- 

j cation of mutes (which shall hereafter be known 
as Colorado School for deaf and blind) at Colorado 
Springs are hereby declared to be institutions of the 

I state of Colorado, and the management thereof sub- 
ject to the control of the state, under the provisions 
of the Constitution, and such laws and regulations 

ijas the general assembly may provide, and the loca- 
tion of said institutions * * * are hereby co*n- 
firmxCd. ^ ^ ^ ^s. L. '09, p. 324 

255. Design and objects. * * ^ The design 
of the institution is to afford thorough instruction 
in agriculture, and the natural sciences connected 
therewith. To effect that object most completely, 
■the institution shall combine physical with intel- 
lectual education, and shall be a high seminary of 
learning, in which the graduates of the common 

I jschool, of both sexes, can commence, pursue and 
finish a course of study, terminating in thorough 
theoretical and practical instruction in those sciences 
iand arts which bear directly upon agriculture and 
kindred industrial pursuits.— i?. S. 88 

256. Qualifications of students. No student 
shall be admitted to the institution who is not fif- 
teen years of age, and who does not pass a satis- 

309 



;^5; 257-261 STATE] EDUCATIONAL INSTITUTIONS 

factory examination in arithmetic, geography, gram- 
mar, reading, spelling and penmanship. — R. ^. 89 

257. Programme. The board and faculty shall I 
make, annually, a programme of theoretical and ! 
practical instruction.— i?. ^S'. 90 

258. Duration of Course. A full course of study 
in the institution shall embrace not less than four 
years. The state board of agriculture may insti- 
tute Avinter courses of lectures for others than stu- 
dents of the institution, mider necessary rules and 
regulations.— i?. S. 91 

259. Academical year — term — suspension. The 
academical year shall consist of not less than nine 
calendar months. This academical year may be 
divided into such terms by the state board of agri-, 
culture, as in their judgment will best secure the ob- 
jects for which the college was founded. The board 
may, at any time, temporarily suspend the college 
in case of fire, the prevalence of fatal diseases, or 
other unforeseen calamity.— /?. >8'. 92 

260. Labor on farm — hours. Three hoars of 
each day shall be devoted by each male student ol 
the college to labor on the farm; and every femaW 
student shall devote three hours of each day tc 
labor in such department of work, as may be as 
signed them by the board and faculty, and no om 
shall be exempt, except for physical disability. By 
a vote of the board of agriculture at such sessions 
and in such exigencies as demanded, the hours o: 
labor may be increased to four hours or diminishec 
to two hours.— jR. S. 93 

261. Tuition fees— discrimination. The stat'i 
board of agriculture shall be vested with discretioi 

310 



I 



STATE EDUCATIONAL INSTITUTIONS §§262-263 

to charge tuition or not as they may deem most con- 
ducive to the interests of the institution, unless 
acts of the general assembly making appropriations 
for its support shall otherwise direct. The board 
may make discrimination in regard to tuition be- 
tween students from this state and from other states. 
One-third of the tuition for the academic term shall 
be paid in advance, and shall be forfeited in case 
the student abandons the institution.— J?. ^Sf. 94 

262. Board control college and farm — make by- 
laws and rules. The state board of agriculture shall 
have the general control and supervision of the state 
agricultural college, the farm pertaining thereto, 
and lands which may be vested in the college by 
state or national legislation; of all appropriations 
made by the state for the support of the same. The 
board shall have plenary power to adopt all such 
ordinances, by-laws and regulations, not in conflict 
with the law, as they may deem necessary to secure 
the successful operation of the college and promote 
the designed objects.— i?. .S'. 95 

263. Board choose president and tutors — va- 
cancy in presidency. It shall be the duty of the 
state board of agriculture to choose a president of 
the state agricultural college before the first acn- 
demic term of the institution; they shall then pro- 
ceed to choose such professors, tutors and employes 
as the necessities of the institution demand. In case 
of vacancy in the office of president, or in case a 
suitable man cannot be selected, the senior professor 

all perform the duties of the office until the board 
shall elect a president.— i?. S. 96 

311 



§§264-266 STATE EDUCATIONAL INSTITUTIONS 

Board employ professors for long term. 
a. The state board of agriculture has power to emplajj 
professors to teach in the agricultural college, and ma^ 
make valid contracts for such employment for a definite 
time of reasonable length. Where a professor was em- 
played for a term of one year and discharged before the 
end of the term without good cause, he is entitled to recover 
his salary for the balance of the term; and the fact that 
the statute gives the board the right to remove such pro- 
fessor does not relieve them from liability for wrongful 
removal. — Board of Agriculture v. Meyers, 20 C. A. 139 

Employment extending over term. 
1), A professor who is employed under express con- 
tract to teach for one year, and continues in the same 
service without objection after the expiration of the term, 
is entitled to the same salary as for the preceding year. — 
Board of Agriculture v. Meyers, 20 C. A. 139 

264. Board prescribe duties and confer de- 
grees. The board, with the advice of the faculty, 
shall prescribe the books to be used in the institu- 
tion, and also confer such degrees or testimonials 
as are conferred by similar institutions.— i^. 8. 98 

265. Faculty how constituted. The president, 
professors and farm managers shall constitute the 
faculty of the state agricultural college. The presi- 
dent of the college shall be the president of the 
faculty. The secretary of the state board of agri- 
culture shall be a member and secretary of the 
faculty.— jR. 8. 99 

266. Wages to students — boarding at cost. The 
president and secretary, together with the superin- 
tendent of the farm, if there be one, and in case 
there is not one, then, one of the professors to be. 
elected by the faculty, shall constitute a committee 
to fix the rate of wages allowed to students, and rate 
of board. In assessing the board, it shall be so 
estimated that no profit shall be saved to the institu- 

312 



STATE EDUCATIONAL INSTITUTIONS §§267-269 

tion, and as near as possible at the actual cost. The 
rates of wages allowed, and rate of charge for board, 
shall, if practicable, be submitted to the state board 
of agriculture before they take effect.— i?. s. 106 

AGRICULTURAL COLLEGE AT FORT LEWIS 

267. School of agriculture, mechanic arts and 
ousehold arts. That there is hereby established at 
the Fort LcAvis School in La Plata County a school 
of agriculture, mechanic arts and household arts 
upon the grounds heretofore accepted by the gov- 
ernor of the state of Colorado, and now owned and 
held by the United States.—^. L. 'ih p. 39 
B 268. State board of agriculture control. That 
from and after the passage and approval of this act, 
fhe state board of agriculture shall take and assume 
control of the lands, buildings and equipments at 
;Fort Lewis School, now owned and held by the 
I state, and the said lands, buildings and equipment 
shall thereafter become and be a part of the agri- 
i cultural college system of the state, and shall be con- 
I trolled and managed under the same laws, rules and 
'regulations, by the state board of agriculture as the 
j agricultural college at Fort Collins; Provided, That 
.Indian pupils shall at all times be admitted to such 
I school free of charge for tuition and on terms of 
ijequality with white pupils.— >§. L. 'i7, p. 40 

HORTICULTURE AND FORESTRY 

269. Branch school at Grand Junction. That 
there is hereby established at the Grand Junction 
Indian School in Mesa County, a school of horticul- 
ture, forestry and vocational learning, upon the 
grounds to be accepted by the governor of the state 

313 



§270 STATE EDUCATIONAL INSTITUTIONS 

of Colorado and now owned and held by the United 
States. ^^ '^' *' — .^\ L. '11, p. 145 

270. State board of agriculture manage. That 
from and after the passage and approval of this act, 
the state board of agriculture shall take and assume 
control of the lands, buildings and equipments at 
the Grand Junction Indian School, now owned and I 
held by the United States, and the said lands, build- 
ings and equipment shall thereafter become and be 
a part of the agricultural college system of the state, 
and shall be controlled and managed under the same 
laws, rules and regulations, by the state board of I 
agriculture as the agricultural college at Fort Col- 
lins; provided, that the Indian pupils shall at all 
times be admitted to such school free of charge fori 
tuition and on terms of equality with white people. 
— .S'. L. 'IL p. 146 



314 



COLORADO SCHOOL FOR DEAF AND BLIND 



SCHOOL LOCATED AT COLORADO SPRINGS 

271. Object of institution. There shall be per- 
manently maintained at the city of Colorado 
Springs, in the County of El Paso, an institution for 
the support and education of the mute and blind 
residing within the state of Colorado.— 7e. 8. 4313 

272. Name of school. Such institute shall be a 
body corporate under the name of ^^ Colorado School 
for the Deaf and the Blind,'' and may sue and be 
sued, may take and hold real estate by gift, devise 
or otherwise, for the use and benefit of such school. 
—R. S. 4314 

273 Educational institution of the state. 

That the Colorado School for the Deaf and the 
Blind, located at the city of Colorado Springs, in the 
I county of El Paso, is hereby declared to be one of the 
; educational institutions of the state of Colorado and 
has for its object the education of such of the 
children of the state as cannot, by reason of the 
impairment of their sense of hearing or of sight, be 
advantageously educated in the other schools or edu- 
cational institutions of the state. Said school shall 
not be regarded or classed as a reformatory or char- 
itable institution.— aS'. L. '09, p. 333 

274. Board of trustees — appointment — term. 
That the management of the institute for the edu- 
cation of the mute and blind, * =5?= =^ shall be 
vested in a board of five trustees, to be appointed 
by the Governor, by and with the advice and consent 
of the senate, * '^ ^ and shall serve for a period 

315 



H 215-211 STATE EDUCATIONAL INSTITUTIONS 

of six years each, and in every case a trustee shall i 
hold his office until his successor is appointed and ! 
qualified; Provided, That the superintendent or any\ 
other employe of said institute, shall not be a trustee* 
thereof.— i?. 8. 4318 

275. Superintendent — appointment. The said: 
trustee shall have charge of the general interests of i 
the institute, and shall appoint for a term of twO( 
3^ears at a time, as superintendent of the institute, a. 
person who shall have acquired an easy and ready 
use of the ^^Sign Language," such as is commonly 
used by educated deaf mutes, who shall have had* 
not less than five years' experience in instructing 
deaf mutes, who shall be familiar with the methods 
used in their instruction, and who shall possess other 
qualifications that would in their judgment fit him 
for such office. ^ ^ * —r^ s. 4319 

276. Duties of superintendent — discharge of) 
teachers. The principal executive officer of the in- 
stitute shall be officially known and designated asi 
the superintendent of said institute. He shall reside! 
in the institute, ^ ^ * and shall, with the ap 
proval of the trustees, appoint and fix the compensa-i 
tion of all other officers and employes in the insti- 
tute, and may, at any time, if it be for the benefit of 
the institute, or in the interest of proper govern- 
ment, discharge any of them from service ; Provided, 
however. That teachers shall not be discharged un- 
less by consent of the trustees. * * ^^ _j^. s. 4324 

277. Admission of pupils— support. Every blind/ 
deaf or mute citizen of tlie state of Colorado, of 
sound mind, over six and under twenty-one years oi 
age, shall be entitled to receive an education in said 

316 



STATE EDUCATIONAL INSTITUTIONS §§278-279 

institute at the expense of the state. All applicants 
above the age of twenty-one years may be admitted 
at the option of the board. Each county superin- 
tendent of common schools shall report on the first 
day of June in each year to the superintendent of 
the school for the education of the deaf and the 
blind, the name, age and post office address of every 
blind or deaf person of suitable age, for admission to 
said school, residing in his county, including all such 
persons as may be too deaf or blind to acquire an 
education in the common school. Applicants for ad- 
iV mission to said school from other states, if within 
^ the ages prescribed by this section, may be admitted 
'.\ upon payment of such sum quarterly, as the board 
of trustees of said s<?hool may determine.— i?. 8. 4334 

278. Residents of other states — when admitted. 
The residents of other states, or territories, may be 

if admitted to said institute, upon the payment of a 
sum, in advance, to be fixed by the trustees, of not 
less than the total cost, per capita, of the inmates 
for the year immediately preceding the year in 
which application for such admission is made. 
A failure on the part of the person so ad- 
mitted, or his parents, guardian, or friends, to make 
srich payments to the superintendent, promptly, in 
1 advance, shall be just cause for immediate dismissal 
j of the pupil ; Provided, That no resident of another 
j state, or territory, shall be received or retained to 
I the exclusion of any resident of tlie state of Colo- 
rado; * ^ * — le. >Sf. 4335 

279. When counties pay expense. In all cases 
i where persons sent to the institute for the educa- 
tion of the mute and blind are too poor to furnish 

3X7 



§280 STATE EDUCATIONAL INSTlTUTIOxMS 

themselves with sufficient clothing and pay the ex- 
penses of transportation to and from the institute, ' 
the judge of the county court of the county where 
any such person resides, upon the application of ' 
any relative, or friend, of such person, or of an}'' 
officer of his town, or county, may, if he shall deem i 
such person a proper subject for the care of said in- 
stitute, make an order to that effect, which shall be 
certified by the clerk of the court to the superin- 
tendent of said institute, who shall then provide the 
necessary clothing and transportation, at the expense 
of the county, and upon his rendering his proper ac- 
counts therefor, semi-annually, the county board 
shall allow and pay the same out of the county 
treasury. —R. s. 4336 

TEACHER— ADULT BLIND 

280. Office of state teacher. That the office of 
state teacher for the adult blind of the state of Colo- 
rado is hereby created and established. Said officer 
shall be either a male or female resident of this 
state, to be selected and appointed by the state 
board of education at its annual meeting, the lasti 
Saturday in December each year, and shall hold of- 
fice for one year from said date or until his successor 
is duly appointed; except, that within fifteen days 
after the taking effect of this act said state board of 
education shall duly appoint such officer to holcl> 
office until the last Saturday in December, 1911,1 
Provided: that said board in selecting said officer 
shall make such appointment by virtue only of the 
Mppointee's peculiar fitness for the position, compe- 
tency and experience as a teacher of the blind, good- 

318 



JST A TK K I )I :( \\ T I () X A L I XST ITl 'TIOXvS $5^5 281 - 282 

moral character, and shall where practicable select 
a non-seeing person as such teacher.— ^\ l. ' ii, p. :; 

281. Duties of teacher. The duties of said of- 
ficer shall embrace the education and teaching of all 
adult blind residents of Colorado at their respec- 
tive homes, under such regulations, directions, and 
procedure, and in those methods and educational 
branches as the state board of education shall pre- 
scribe. It shall be the duty of said officer to prepare, 
maintain, and keep a ^^Kegister of the Adult Blind 
of Colorado" which register shall describe their 
condition, cause of blindness, capacity for education 
and industrial training, and other material and rele- 
vant facts concerning said persons; and the ^^Board 
of Control of the Colorado Industrial Workshops 
for the Blind" and the superintendent of the ^^ Colo- 
rado School for the Deaf and Blind" are hereby di- 
rected to co-operate with said officer in the prepara- 
tion and maintenance of said register by furnishing 
from time to time the names, addresses and such 
other facts concerning the adult blind in Colorado 
as may appear on their records or otherwise come to 
their knowledge. The work of preparing and main- 
taining said register shall be done in the office of 
'and by the advice and under the direction of the 
state superintendent of public instruction, where 
said register shall be preserved and filed, and whose 
office shall be the general headquarters for the said 
state teacher of the adult blind.— ^. L. 'ii, p. 4 

282. Services — report. All the time and services 
of said officer shall be devoted ratably among the 
homes of all said adult blind, in the manner and way 
the state board of education shall prescribe, and he 

319 



H83 STATE P^DUCATIOXAI. INSTITUTIONS 

shall, prior to the first of November of each year, 
prepare and file with the president of said board, a 
full and complete report of all of the work com- 
menced or accomplished by his office during the pre- 
ceding year, Provided: that the state board of edu- 
cation shall have the power at any time to remove 
said officer, after due hearing, for any reason suffici- 
ent to said board, and to appoint another officer > 
for such unexpired term.— -Sf. L. '1L p. 3 

283. Salary — how payable — expenses. The state 
"teacher of the adult blind of Colorado shall receive i 
a salary of one thousand dollars a year, payable in 
equal monthly installments by the state treasurer! 
from the same fund provided for the payment of 
other state officers, and upon due warrants of the- 
state auditor, who is hereby authorized and directed 
to issue the same upon receipt of properly issued 
vouchers of the state board of education. Said of- 
ficer shall also be paid and allowed all traveling 
and living expenses while away from the place of 
his residence and traveling within the state in fulfil- 
ment of the duties of his office, and also all books 
and papers necessary for the preparation of saidi 
register, and also all necessary teaching equipments 
and teaching methods, duly approved by the state' 
board of education, not to exceed in all the sum of' 
five hundred dollars for any year, which said ex-^ 
penses shall be evidenced by itemized statements 
thereof, filed by said officer with the state board oh 
education at the end of each month, and shall be- 
paid monthly by the state treasurer in the same 
manner as the expenses of the other state officers al-i 
loAved by the law are paid, and upon due warrants! 

320 



STATE EDUCATIONAL INSTITUTIONS 



§283 



of the state auditor, which oflficer is hereby directed 
and authorized to issue said warrants upon receipt 
of properly issued vouchers of the state board of 
education covering said expenses.—^. L. '11, p. 3 



.11 



321 



INDUSTRIAL SCHOOLS 



I 



FOR BOYS 

284. Industrial school established. There shall 
be established in this state an institution under the 
name and style of the ^^ State Industrial School." 
—R. S. 3027 

285. Located — building. The old school of mines 
building and grounds at or near the cit}^ of Golden, , 
in the county of Jefferson, are hereby selected as, 
and converted into an establishment and site for the 
state industrial school ; * * * —r, s. 3028 

286. Board of control appointment — term — > 
vacancies. The general supervision and government 1 
of said industrial school shall be vested in a board 
of control, to consist of three members, who shall be 
appointed by the governor, by and with the advice 
and consent of the senate during the session of the 
general assembly, the members of which board shall 
hold their offices for the respective terms of two, 
four and six years from the first day of March, A. 
D. 1881, and until their successors shall be appointed 
and qualified, said respective terms of office to be 
designated in their several appointments; and there- 
after there shall be one of said board appointed every 
two years, whose term of office shall continue for six 
years, or until his successor is appointed and quali- 
fied; and whenever any vacancy shall occur in said< 
board, by the death, resignation or otherwise, the 
governor shall fill the same by appointment, and 
the appointee shall hold only for the unexpired term 
of the person whose place he is appointed to fill. 

—R. S. 3029 

322 



\ 



STATE EDUCATIONAL INSTITUTIONS §§287-289 



287. Biennial report to superintendent of public 
instruction. The board of control, on the tenth day 
of November preceding each meeting of the general 
assembly, shall make a report to the superintendent 
of public instruction, which report, with that of the 
officers and instructors of the institution, shall be 
transmitted to the general assembly with the report 
of the said superintendent. Said report shall con- 
tain a detailed statement of their operations and of 
all expenditures made by them in behalf of said in- 
stitution. —R. S. 3031 

288. Board make rules — appoint superintend- 
ent, agents, servants. It shall be the duty of the 
board of control to prepare and carefully digest and 
mature a system of government for said industrial 
school, embracing such rules and regulations as may 
be depmed necessary for preserving order, for en- 
forcing discipline, for imparting instruction, for pre- 
serving health, and generally for the proper phy- 
sical, intellectual and moral training of the youth 
committed to said school. And they may appoint a 
superintendent and such other officers, agents and 
servants as they may consider necessary to transact 
the business of said school, and may designate their 
duties and salaries.— i?. fif. 3032 

Note. Hazing in state institutions forbidden. 

289. Duty of board to receive boys. It shall be 
the duty of the board of control to receive, to the 
extent of the means placed at their disposal, and of 
the accommodations afforded by the buildings and 
grounds belonging to said school, all persons com- 
mitted to their care and guardianship, under the 
provisions of this act, and to keep the same during 

323 



§290 • STATE EDUCATIONAL INSTITUTIONS 

their minority, or until discharged by law, or under 
the rules of said board.— i?. fi'. 3035 

290. Commitment to school — term — jurisdiction 
of courts. When any boy under the age of sixteen 
years and over the age of ten years shall be con- 
victed of any offense known to the laws of this 
state, and punishable by fine or imprisonment 
or both, except such as may be punishable by 
death or imprisonment for life, the court be- 
fore whom such conviction shall be had, may 
at its discretion, sentence such boy to the state 
industrial school or to such punishment as is 
now or may hereafter be prescribed by law for the 
same offense. All commitments to the state indus- 
trial school shall be for the term of the boy's mi- 
nority, unless he shall be sooner discharged by the 
board of control, as hereinafter provided, and when- 
ever any boy shall be discharged therefrom as re- 
formed or as having arrived at the age of twenty- 
one years, such discharge shall be a full and com- 
plete release from all penalties and disabilities which 
may have been created by such sentence. The dis- 
trict and county courts and the judges thereof, in 
their respective counties, shall have exclusive orig- 
inal- jurisdiction to try all cases arising under the 
provisions of this act. All such cases shall be sum- 
marily tried before the court or the judge of the 
court and without the intervention of a jury, unless- 
a jury shall be demanded. Cases arising under thi^' 
act may be instituted upon the sworn complaint ot 
the district attorney or his deputy, or any credible 
person. No boy after sentence, shall be confined ir 
any county or city jail, but the officer to whom the 

3^4 



STATE EDUCATIONAL INSTITUTIONS §§291-292 

writ of commitment shall be delivered shall at once 

convey such boy to the state industrial school. 
—R. ^.^3036 

291. Parents and guardians may indenture boys 
to school. Any parent may indenture his or her boy, 
or any guardian may indenture a male ward, to the 
state industrial school for such length of time as 
may be agreed upon by such parent or guardian, and 
the board of control of said school, on condition 
that such parent or guardian shall pay the expenses 
of such boy or ward so indentured as aforesaid, w^hile 
at said school.— i?. S. 3037 

292. Treatment of boys — board may return — 
duty of magistrate. Each and every boy who shall 
be legally committed to said school as provided in 
this act shall be clothed, fed, disciplined, instructed, 
employed and governed, under the direction of the 
board of control of said school, until he either be re- 
formed and discharged, or until he shall have ar- 
rived at the age of twenty-one years, and it shall be 
lawful for said board of control to place in the care 
of any resident of this state, who is the head of a 
family, and of good moral character, any of the said 
boys of said school, on such conditions and with such 
stipulations as the board may establish; Provided, 
No boy shall be placed in the care of any person 
who shall be engaged in the sale of intoxicating 
drinks or who is in the habit of getting drunk. The 
board of control shall have power, and it shall be 
their duty to return any boy to the authorities of 
the county or city from which he shall have been re- 
ceived, whom said board may deem to be an improper 
subject for their care and management, or who shall 
be found to be incorrigible, or whose continuance in 

325 



§292 STATE EDUCATIONAL INSTITUTIONS 

the school they may deem prejudicial to the man- 
agement or discipline thereof, or who ought in their 
judgment for any other cause to be returned from 
said school. In every such case it shall be the duty 
of said board of control to transmit to the court, 
magistrate or justice by whom said boy was com- 
mitted to said school a statement of the reasons of 
said return, and it shall be the duty of the author- 
ities of the city or county to whom said boy shall be 
returned to produce said boy before the court, 
magistrate or justice by whom said boy was com- 
mitted, or his successor in office, as soon as the same 
can reasonably be done ; and such court, magistrate 
or justice shall have power thereon to make such 
order, and have such proceedings as would have 
been legal in the first instance, and would have been 
made or had in the case if the boy had not been sent 
to the industrial school. Said board of control shall 
also be authorized, when, in their judgment, it may 
be deemed proper or expedient to give boys leave of 
absence in writing, with conditions therein ex- 
pressed, for a limited time or during good behaviour, 
and in case of misconduct or other satisfactory 
reasons, they may reclaim and return to the care 
of the school for such time as he was originally sen- 
tenced without other trial or commitment or pro- 
cess of law, any boy granted such leave of absence, 
and his further detention shall in no way be af- 
fected thereby, either to his prejudice or advantage. 
Said board of control shall also have power to re- 
turn any boy to his parents or other guardians, when 
they shall have become bound in sufficient sure- 
ties for the good behaviour and care of such boy. 
—n. S. 3038 

326 



STATE EDUCATIONAL INSTITUTIONS §§293-295 

293. When board may discharge or bind boy. 

It shall be lawful for the board of control, when- 
ever in their discretion they may deem anyone of 
the boys detained in the said institution to have be- 
come so far reformed as to justify his discharge, to 
liberate such boy, or to bind him by articles of in- 
denture for that purpose to be entered into, to any 
suitable person who will engage to instruct such boy 
in some proper art or trade, according to the terms 
of said indenture.— i?. 8. 3039 

294. Persons caring* for boy — compensation — 
proviso as to schooling. Any person other than 
parent or guardian, who will take and care for any 
boy, as above provided, for one year, having faith- 
fully fulfilled all the conditions prescribed to the 
satisfaction of the board, if the board of control 
shall have so agreed, shall be entitled to receive from 
the funds of the industrial school fifty dollars; at 
the end of two years, a like sum on like conditions ; 
Provided, Said boy shall be placed at school at least 
three months in each year; and any boy who is 
placed in the care of any person as above provided, 
having remained with said person and faithfully 
performed the duties required of him by said board 
for said two years, and until he shall have arrived 
at the age of twenty-one years, shall be entitled to 
receive from the funds of said institution one hun- 
dred dollars.— i?. 8. 3040 

295. All clergymen can impart religious instruc- 
tion. Equal privileges shall be granted to clergy- 
men of all religious denominations to impart re- 
ligious instruction to the inmates of said industrial 
school, and every opportunity shall be allowed such 

327 



§§296-297 STATE EDUCATIONAL INSTITUTIONS 

clergymen to give to the inmates belonging to their 
respective denominations such religious and moral 
instruction as said clergymen may desire, and the 
board of control shall prescribe reasonable times and 
places, not inconsistent with the proper management 
of said school, when and where such instruction 
may be given, and all such instruction shall be open 
to all who may choose to attend. — R. S. 3044 

FOR GIRLS 

296. Industrial school established. That there 
is hereby established at or near Denver, Colorado, 
''The State Industrial School for Girls."— R. ^. 3046 

297. Board of control — appointment — term — 
vacancies — superintendent. The general supervision 
and control of said institution shall be vested, as at 
present, in a board of control, consisting of five 
members, three of whom shall be women. The board, 
excepting as hereinafter provided, shall be ap- 
pointed by the governor, by and with the advice 
and consent of the senate during the session of the 
general assembly, and the term of office of each 
member thereof shall be five years, or until their 
successors shall be appointed and qualified, their 
respective terms of office to be designated in their 
several appointments; and whenever any vacancy 
shall occur in said board, by death, resignation, or 
otherwise, the governor shall fill the same by ap- 
pointment, and the appointee shall hold only during 
the unexpired term of the person whose place he or 
she is appointed to fill. One member of said board 
shall be appointed by the governor as aforesaid dur- 
ing the session of the present general assembly, and 
every year thereafter there shall be one member ap- 

328 



STATE EDUCATIONAL INSTITUTIONS §§298-299 

pointed to take the place of the outgoing member. 
The board shall choose some suitable woman to act 
as general superintendent, who shall hold her office 
during the pleasure of the board.— 2^. S. 3047 

298. County liablo for maintenance — monthly 
statement rendered. That county from which any 
girl committed to the state industrial school for girls 
shall be sent shall be liable for the expense attend- 
ing the safekeeping, care, maintenance and instruc- 
tion of such girl until she shall have been finally 
discharged by the board of control of said school, 
and shall pay for the same the sum of fifty cents per 
day for each girl so sent until such final discharge. 
At its first meeting in every month the board of 
control of such state industrial school, for girls shall, 
prepare and transmit to the respective boards of 
county commissioners of the several counties liable 
for such safe-keeping, care, maintenance or instruc- 
tion, a certificate showing in detail the persons on 
whose account such expense was incurred, the amount 
due on account of each such person respectively for 
the month preceding, and the said board of commis- 
sioners shall allow the said sum so certified against 
their respective counties, and shall pay the same in 
cash to the state industrial school for girls, the 
same as any other current expense of said county. 
—R. S. 3049 

299. Powers of board. The members of said 
board of control shall constitute a body corporate 
under the name and style of ^^The Board of Control 
of the State Industrial School for Girls," with the 
right to own and hold property, real, personal and 
mixed ; to sue and be sued ; and of making and using 

329 



§§300-303 STATE EDUCATIONAL INSTITUTIONS 

a common seal and of altering the same at pleasure. 
—R. S. 3051 

300. Board receive all persons committed. It 
shall be the duty of the board of control to receive, 
to the extent of the means placed at its disposal, and 
of the accommodations afforded by the buildings and 
grounds belonging to said school, all persons com- 
mitted to its care and guardianship, under the pro- 
visions of this act ; and to keep such persons during 
their minority, or until discharged by law, or under 
the rules of said board of control.— i?. S. 3053 

301. Under control of board. Each and every 
girl who shall be legally committed to said school, 
as provided in this act, shall be clothed, fed, dis- 
ciplined, instructed, employed and governed under 
the direction of the board of control of said school, 
until she either be reformed and discharged accord- 
ing to the rules to be adopted by said board of con- 
trol, or until she shall have arrived at the age ol 
twenty-one years.— i^. 8. 3054 

302. Regulations established by board. The 
board of control shall make such regulations in re- 
gard to the food, clothing and bedding of the in- 
mates as the health and circumstances of each may 
require; but all rations, clothing and bedding shall 
be plain and of good quality, and in sufficient quan- 
tity for the sustenance of the health and well-being 
of the inmates.— i^. 8. 3055 

303. Rules established by board. It shall be the 
duty of said board of control, to prepare and adopt 
from time to time rules and regulations for said in- 
stitution, for the government of the inmates of the 
same, looking to their moral, physical, intellectual, 
social and industrial training. Domestic industries 

330 



STATE EDUCATIONAL INSTITUTIONS §§304-306 

shall take precedence of trades, and there shall be 
a thorough education in every branch of household 
work.— /?. s. 3056 

304. Credit for good behavior. The board of 
control shall, under a system of marks, or otherwise, 
fix upon a uniform plan under which it shall deter- 
mine what number of marks or credits shall be 
earned by each girl, sentenced under the provisions 
of this act, as the condition of increased privileges, 
or of release from its control, which system shall be 
subject to revision from time to time. Each girl 
sentenced to said school shall be credited for good 
personal demeanor, diligence in labor and study, 
and for results accomplished, and be charged ^ for 
dereliction, negligence and offenses.— i^. ^. 3058 

305. Marks of credit. The board of control shall 
establish rules and regulations by which the stand- 
ing of each girPs gain of marks or credits shall be 
made known to her as often as once a month, and 
oftener if she shall at any time request it, and may 
make provisions by which any girl may see and con- 
verse with the said board during every meeting 
thereof .—i^. S. 3059 

306. Release of girls. "When it appears to said 
board that there is a strong or reasonable probabil- 
ity that any girl in said school will live and remain 
at liberty without violating the law, and that her 
release is not incompatible with the welfare of so- 
ciety, or detrimental to her own good, then it shall 
issue to such girl an absolute release from confine- 
ment ; Provided, That nothing herein contained shall 
be construed to impair the power of the governor to 
grant a pardon in any case. — R. S. 3060 

331 



§§307-310 STATE EDUCATIONAL INSTITUTIONS 

307. Girls may be placed in homes. It shall be 

lawful for said board of control to place in the care 
of any resident of this state, who is the head of a 
family and of good moral character, any of the said 
girls in said school, on such conditions and with such 
stipulations as the board may establish. — R. s. 3061 

308. Superintendent — duties. The superintend- 
ent, under the direction and management of the 
board, shall have general supervision of said insti- 
tution. —R. S. 3065 

309. Superintendent keep daily journal. The 
superintendent shall keep a daily journal of the pro- 
ceedings of the institution, in which she shall note 
every infraction of the rules by any officer, teacher, 
or employe thereof, which shall come to her knowl- 
edge, and make memorandum of every complaint 
made by any girl of cruel or unjust treatment from 
her overseer, or other officer of the institution, or 
the want of good and sufficient food or clothing, and 
also any infraction of the rules by any inmate, nam- 
ing her, and specifying the offense, and also what 
punishment, and the extent thereof, was awarded; 
which journal shall be laid before the board of con- 
trol at every stated meeting and at every special 
meeting when demanded.— je. ^. 3067 

310. Register of girls — contents. When any 
girl shall be received in said school, the super- 
intendent shall cause to be entered in a register 
the date of such commitment, the name, age, nativ- 
ity, nationality, and such other facts as may be 
ascertained of parentage, early associations, in- 
fluences, etc., as may seem to indicate the constitu- 
tional and acquired defects and tendencies of such 

332 



STATE EDUCATIONAL INSTITUTIONS §§311-313 

girl, and base upon these an estimate of the then 
present condition of such girl, and the best prob- 
able plan of treatment and classification of said 
girl; and she shall also enter upon such register, 
quarterly, or oftener, minutes of the observed im- 
provement or deterioration of character, and nota- 
tions as to the methods and treatment employed; 
also all orders or alterations affecting the standing 
or situation of such girl ; the circumstances, if final- 
ly released, and any subsequent facts of the per- 
sonal history v^hich may be brought to the knowl- 
edge of the superintendent.— i^. 8. 3070 

311. Abstract of record of each girl. An ab- 
stract of the record in the case of each girl re- 
maining under the control of the said board of con- 
trol shall be made semi-annually, considered by the 
said board of control at a regular meeting, and to be 
filed with the governor; each abstract shall show 
the date of commitment, age, the present situation, 
whether in school or elsewhere; whether any and 
how much progress has been made, and the reasons 
for release or continued custody, as the case may be. 

~R. S. 3071 

312. Parole of girls. It shall be lawful for the 
; board of control, whenever, in its discretion, it may 
I deem any one of the girls detained in said instiiu- 
! tion to have become so far reformed as to justify 

it, to parole such girl, upon such conditions as to 
the board may seem advisable, and to return such 
girl to the school upon a violation of the terms of 
such parole.— i?. S. 3072 

313. Incorrigible girl returned home. If any 
girl shall absent herself, without leave, from the 
person to whose care and service she has been prop- 

333 



§§314-315 STATE EDUCATIONAL INSTITUTIONS 

erly committed, such girl may be forthwith returned 
to the said industrial school for girls without 
further process, and shall forfeit all credits gained 
by her on account of previous good conduct. 
—R. S. 3073 

314. Commitment to school — term. When any 
girl under the age of eighteen years and over the age 
of six years shall be convicted of any offense known 
to the laws of this state and punishable by fine or im- 
prisonment, or both, except such as may be punish- 
able by death or imprisonment for life, the court be- 
fore whom such conviction shall be had, may, at its 
discretion, sentence such girl to the state industrial 
school for girls, or to such punishment as is now, or 
may hereafter be, prescribed by law for the same- 
offense. All commitments to the state home and in- 
dustrial school for girls shall be for the term of 
the girl's minority, unless she shall be sooner dis- 
charged by law or the board of control, as herein- 
after provided, and whenever any girl shall be dis- 
charged therefrom as reformed, or as having ar- 
rived at the age of tv/enty-one years, such discharge 
shall be a full and complete release from all penal- 
ties and disabilities which may have been created by 
such sentence.— i^. 8. 3074 

315. Jurisdiction of courts — summary proceed- 
ings. The district and. county courts, and the judges 
thereof, in their respective counties, shall have ex- 
clusive original jurisdiction to try all cases arising 
under the provisions of this act. All such cases 
shall be summarily tried before the court, or the 
judge thereof, and without the intervention of a 
jury, unless a jury shall be demanded; except in 
cases of high misdemeanors or felonies, the cause 

334 



STATE EDUCATIONAL INSTITUTIONS §§316-318 

shall be tried by a jury, as provided in the code of 
criminal procedure.— i^. >8'. 3075 

316. Peace officers arrest girls frequenting pub- 
lic places. All peace officers in any city, town or 
county in this state are empowered to arrest all 
girls habitually wandering around the streets or 
public places, or anyAvhere beyond the proper con- 
trol of their parents or guardian, at unseemly or 
improper hours. The girl so arrested shall be taken 
before the court or judge having jurisdiction of the 
person, as provided in section 32 of this act, and if 
it shall appear to said court or judge that the said 
girl is incorrigible, or is growing up in habits of 
vice and immorality, such girl may be committed to 
''The state industrial school for girls.''— i^. S. 3076 

317. Cause of commitment certified to superin- 
tendent. The court or judge by whom any person is 
committed to the state industrial school for girls, 
under the provisions of this act, shall certify to the 
superintendent of said school the cause of such 
commitment, embracing all important facts con- 
nected therewith, and the age of all persons so com- 
mitted, as near as can be ascertained; the age so 
certified shall be held to be the correct age of such 
person for the purposes of this act. — R. S. 3077 

318. Commitment — return of girl to county. 
Any girl who shall be convicted of an offense pun- 
ishable by imprisonment in the state industrial 
school for girls and who, upon such conviction, shall 
be sentenced to imprisonment therein, shall be im- 
prisoned according to this act, and not otherwise; 
and the courts of this state imposing such sentence 
shall not fix or limit the duration thereof ; the term 

335 



§ 319 STATE EDUCATIONAL INSTITUTIONS 

of such imprisonment of any girl so convicted and 
sentenced shall be terminated by the board of con- 
trol as provided in this act, or upon said girl having 
attained the age of twenty-one years ; Provided, 
That the board of control shall have the power, and 
it shall be its duty, to return any girl to the author- 
ities of the county or city from which she shall have 
been received, whom such board may deem to be an 
improper subject for its care and management, or 
who shall be found to be incorrigible, or whose 
continuance in the school the board may deem pre- 
judicial to the management or discipline thereof, or 
who, in its judgment, for any other cause, should be 
returned from said school. In every such case it 
shall be the duty of said board of control to trans- 
mit to the court or judge by whom such girl was 
committed to the school, a statement of the reasons 
for such return, and it shall be the duty of the au- 
thorities of the city or county to whom such girl 
shall be returned, to produce said girl before the 
court or judge by whom she was committed, or the 
judge succeeding in such office, as soon as the same 
can reasonably be done, and such court or judge 
shall have power thereupon to make such order, and 
have such proceedings as would have been legal in 
the first instance and would have been made or had 
in case such girl had not been sent to the state in- 
dustrial school for girls.— J«. S. 3078 

319. Girl sentenced not confined to jail — appeal. 
No girl, after sentence, shall be confined in any 
county or city jail, but the officer to whom the writ 
of commitment shall be delivered shall forthwith 
convey such girl to the state industrial school for 

336 



STATE EDUCATIONAL INSTITUTIONS §§320-321 

girls; Provided, Nothing in this act shall be con- 
strued to prevent any accused person from taking 
an appeal from the decision of any court or judge, 
under such forms as are now or may hereafter be 
prescribed by law. — R.8.Z0B1 

320. Term of commitment. All commitments to 
the state industrial school for girls shall be for the 
term of the girl's minority, which shall be until she 
shall have arrived at the age of twenty-one years. 
If, through oversight or otherwise, any person be 
sentenced to imprisonment in, or be committed to 
the state industrial school for girls for a definite 
period of time, said sentence, or term of commit- 
ment, shall not for that reason be void, but the sen- 
tence or commitment of such girl shall be until she 
is twenty-one years of age, and the girl so sentenced 
or committed shall be entitled to the benefits and 
subject to the liabilities of this act the same as if 
she had been so sentenced or committed until she 
was twenty-one years of age.— i^. s, 3082 

321. School non-sectarian — all clergymen may 
impart religious instruction. Equal privileges shall 
be granted to the clergymen of all religious denom- 
inations to impart religious instruction to the in- 
mates of said industrial school for girls and every 
opportunity shall be allowed such clergymen to give 
to the inmates belonging to their respective denom- 
inations such religious and moral instruction as said 
clergymen may desire, and the board of control shall 
prescribe reasonable times and places, not inconsist- 
ent with the proper management of said school, 
where and when such instruction may be given, and 
all such instruction shall be open to all who may 
choose to attend.— i^. s. 3083 

337 



STATE NORMAL SCHOOL 



322. Establishment of state normal school. A 

state normal school is hereby established at or near 
the city of Greeley, in the county of Weld and state 
of Colorado, the purpose of which shall be instruction 
in the science and art of teaching, with the aid of 
a suitable practice department, and in such branches 
of knowledge as shall qualify teachers for their pro- 
fession; ^ * ^— i^. ^. 6125 



33S 



STATE TEACHERS COLLEGE OF COLORADO 



323. State normal at Greeley — also known as 
state teachers' college. The State Normial School at 
Greeley, Colorado, also shall be known and desig- 
nated as, The State Teachers College of Colorado. 
~8. L, '11, p. 609 

324. Trustees — corporate powers — seal — make 
by-laws. Said school shall be under the control of a 
board of six trustees; the said board shall be and is 
hereby declared a body corporate by the name and 
style of ^^The Trustees of the State Normal School," 
and as such and by its said name may hold property 
for the use of said school, be party to all suits and 
contracts, and do all things thereto lawfully apper- 
taining in like manner as municipal corporations of 
this state. The said trustees and their successors in 
office shall have perpetual succession, shall have a 
common seal, and may make by-laws and regulations 
for the well ordering and government of the said 
corporation and its business not repugnant to the 
constitution and laws of the state. — R, 8. 6129 

325. Governor appoint trustees — term of office — 
oath — superintendent of public instruction mem- 
ber. — The governor shall, upon the approval of this 
act, appoint by the advice and with the consent of 
the senate, the six trustees mentioned and provided 
in this act, two of whom shall be appointed for the 
term of two years, two for the term of four years 
and tw^o for the term of six years. Their terms of 
office shall begin from their appointment and quali- 
fication, and shall continue for the period for which 
they shall be so appointed and until their successors 
are appointed and qualified. Every two years after 

339 



§§326-327 STATE EDUCATIONAL INSTITUTIONS 

the first appointment aforesaid, two trustees shall be 
appointed in like manner to succeed those whose 
terms are first thereafter to expire. Every trustee 
so appointed shall take and subscribe the oath of 
office prescribed by the constitution of this state 
before entering upon the duties of his office, which 
oath shall be placed and kept on file in the office of 
the secretary of state. The superintendent of public 
instruction shall be, ex officio, a member of the board 
of trustees of the said state normal school. — R. S. 6130 

326. Part of public school system — apportion- 
ment of funds — supervisory powers over. Said nor- 
mal school is hereby constituted an integral part of 
the public school system of this state, and shall 
stand upon the same basis as to apportionment of 
state school funds as union high schools, and shall 
be subject as such to the general supervisory powers 
vested by the constitution in the state board of edu- 
cation.— i?. S. 6132 

327. Powers of trustees. — Subject to the consti- 
tutional powers of the state board of education, the 
trustees of the state normal school shall have the 
general supervision of the state normal school, and 
the control and direction of its funds and the appro- 
priations therefor. They shall have power to appoint 
a faculty, consisting of a principal and assistant prin- 
cipal, and such other professors as may be required 
therein ; they may also appoint such assistant teach- 
ers as are found necessary. They shall also have 
power to remove said principal or assistant principal, 
or any professor, teacher or employe in or about said 
school, and to appoint or employ another or others 
instead; to fix the salaries of each and to prescribe 
their several duties. They shall, with the advice and 

340 



STATE EDUCATIONAL INSTITUTIONS §§328-330 

consent of the faculty, prescribe the various books to 
be used in said school, the courses of study and in- 
struction, which in no case shall cover a period of 
less than three years, and shall make all the needful 
rules, regulations and by-laws for the good govern- 
ment and management of the same. — R. 8. 6133 

328. Qualifications for admission — examination 
— declaration. The said board of trustees shall pre- 
scribe the qualifications for admission of students to 
said normal school. Every applicant for admission 
shall undergo an examination by the faculty of said 
school, and if it shall appear that such applicant is 
not a person of good moral character, or fails to pass 
such examination, such applicant shall be rejected. 
Each applicant, except as hereafter provided, shall, 
prior to his or her admission, also sign and file 
with the board of trustees a declaration to engage 
in the business of teaching in the public schools of 

ris state.— R. 8. 6139 
329. Open to residents of state — other persons — 
fees. The state normal school shall be open, subject 
to its regulations, to all persons resident in this state, 
sixteen years of age and upward, without charge for 
tuition ; and to other persons under such regulations 
as the board of trustees may prescribe, upon payment 
of a rate of tuition to be fixed by said board, and 
without the aforesaid declaration of intention to 
teach in the public schools of this state, said board 
of trustees shall also fix the fees for admission of 
pupils to the practice department of said normal 
school.— 7^. s. 6140 

330. Officers of board — duties — bond. The board 
of trustees shall elect from among their number, at 
the first and every succeeding annual meeting of said 

341 



§ 331 STATE EDUCATIONAL INSTITUTIONS 

board, a president, who shall preside at all meetings 
and perform such duties as are incumbent upon such 
office. The board shall also elect a secretary, who 
shall not be a member of the board, and who shall 
hold office for the term of one year, and until his suc- 
cessor shall be elected and qualified. The said secre- 
tary shall give bond in a sum to be fixed by the 
superintendent of public instruction for the faithful 
handling and true accounting and delivery of all 
moneys and property of said school coming to his 
hands or control, which bond shall be filed with the 
secretary of state, after approval of the sureties 
thereon by the said board of trustees. No secretary 
elected as aforesaid shall receive into his possession 
or control any money or property of said normal 
school until after he shall have executed his bond 
and the same shall have been approved and filed as 
aforesaid. The state treasurer shall be, ex officio 
treasurer of the state normal school.— i?. S. 6135 

331. Diplomas — examination — graduation. Thd 
state normal school is authorized to grant diplomar 
to such students as shall have completed the full 
course of instruction in said normal school, shall havt 
been recommended by the faculty, and shall haw 
passed a final examination upon the branches emi 
braced in the prescribed course of study ; such exami 
nation to be conducted by the examining board, com 
sisting of the state superintendent of public instruct 
tion, a county superintendent of schools within thi 
state, appointed for the purpose by the governor, ano 
the principal of said school. Such diploma, whei 
signed by the members of said examining board ani 
the president and secretary of the board of trustee*' 
shall be evidence that the receiver thereof is a gradll; 

342 



STATE EDUCATIONAL INSTITUTIONS §§ 332-334 

ate of the state normal school, and entitled to all the 
honors and privileges of such graduates.— i?. S. 6141 

332. Diploma license to teach — license annulled. 
The said diploma shall license the receiver thereof to 
teach in any of the public schools of this state when 
a certified copy thereof shall have been filed in the 
office of the county superintendent of schools in the 
county wherein such graduate is teaching or proposes 
to teach. Such license may be annulled by the state 
superintendent of public instruction, who shall give 
immediate notice thereof to the several county super- 
intendents of the state, and such license may be sus- 
pended in- any county by the superintendent of 
schools for such county, pending the action of the 
superintendent of public instruction.— i^. 8. 6142 

Normal school diploma. 

a. A state normal school diploma licenses the holder to 

ach in the public schools of this state until annulled by 

e state superintendent or suspended by a county superin- 

ndent. It is evidence of a vested continuing right to teach 

any public school in the state, and cannot be superseded 

modified by any mandate or order of a school board. — 

ash V. School Board, 49 C. 555 

Registration of normal school diploma. 
1. The law requires that the state normal school diploma, 
>ld by one who is to teach in a certain county, shall be 
(resented to the county superintendent for inspection and 
registration by him, and until this is done the teacher is not 
legally a teacher in the county, and therefore should not 
receive her salary until she has fully complied with the law. 

333. No fee for diploma. No fee shall be charged 
or received for any diploma or certificate authorized 
by this SiGt.—R. S. 6143 

No fee for registration. 
1. No law authorizes a county superintendent to charge 
a fee for registering a certificate issued by the state normal 
^^hool. 

w 334. Report of trustees — contents — verification. 
*The trustees of the state normal school shall make 

343 



5 334 STATE EDUCATIONAL INSTITUTIONS 



a 



and file with the state board of education, on or 
before the first day of August in each year, a report 
of the affairs and conduct of said normal school dur- 
ing the year last preceding such report. Said annual 
report shall be made upon blanks prepared by the 
superintendent of public instruction, approved by 
the state board of education, and shall include the 
following, viz. : 

First — The number of students enrolled during 
the preceding year, their sex, age, residence and 
place of birth. 

Second — The attendance each day: the average 
attendance for each week and term, and during the 
year; the number of days the school was taught in 
the year. 

Third — The full curriculum of instruction in said 
school; the classification and departments thereof; 
the branches taught; time devoted to each; text 
books and apparatus in use ; number of books in the 
library; requirements for admission and graduation, 
with dates and requirements for examinations. 

Fourth — The number of students in each depart- 
ment and class ; number of diplomas granted, and to 
whom ; number, names and residence of graduates ; 
number of suspensions and expulsions, and cause of 
same. 

Fifth — The names and number of teachers in each 
class and department, length of time each has been 
employed, and salary paid to each. 

Sixth — Nam^es, individual employment and num 
ber of all other employes in and about the school 
with rate and amount of wages paid to each. 

Seventh — A full financial statement, classified anc 
itemized, of the business department of the schoo 

344 



STATE EDUCATIONAL INSTITUTIONS §§335-336 

and corporation, covering receipts and expenditures 
from and by all sources, and in such form as to show 
the average cost of the school per month for each 
pupil, and in gross for the year; cash on hand or 
deficit at the beginning and end of year. 

Eighth — An estimate of necessary expenditures, 
ordinary and special, for the next ensuing year. 

Ninth — Such other particulars as the said board 
of education may require, necessary to a fair and 
complete showing and fair understanding of all the 
affairs of said normal school. 

Said report shall be signed by the president and 
secretary of the said board of trustees, and veri- 
fied by the oath of one or more of their number. 
—R. 8, 6138 

NORMAL SCHOOL AT GUNNISON 

335. School established at Gunnison. A State 
formal School is hereby established at the city of 

Gunnison, in the county of Gunnison and state of 
Colorado, the purpose of which shall be instruction 
in the science and art of teaching, and in such 
branches of knowledge as shall qualify teachers for 
their profession ; * =^ ^ —r, s. 6144 

336. Management of school. Upon the comple- 
tion of said (Gunnison Normal School) building, the 
same shall by said trustees be turned over and de- 
livered to the trustees of the State Normal School 
at Greeley, and thereafter said school buildings and 
premise? shall form a part of the Normal School 
system of the state, and shall be controlled and man- 
aged under the same laws and by the same board of 
trustees as have charge of the Normal School at 
Greeley.—^. L. '09, p. 195 

345 



SCHOOL OF MINES 



337. Located at Golden. The state school of 
mines, located at Golden, in the county of Jefferson, 
is hereby declared to be a body corporate under the 
name of, ^^ School of Mines," and by that name may 
sue and be sued; may take and hold real and per- 
sonal property by gift, bequest, devise, or purchase 
for the state ; and may sell and dispose of the same 
when authorized so to do by law.— i^. >Sf. 6015 

338. Board of trustees — term. There shall be a 
board of trustees of said school of mines, to be com- 
posed of five persons, who shall, except as herein- 
after provided, hold their office for a period of foun 
years and until their successors are appointed and 
qualified. * * * —r, s. 6016 

339. Control — management. The said board of 
trustees shall have the control and management of 
the said school of mines, and of the property belong- 
ing thereto, subject to the laws of this state, and 
may make all needful by-laws and regulations for 
the government of said board, and for the manage- 
ment and government of said school of mines, not 
inconsistent with the laws of this state.— i^. s. 6018 

340. Instruction provided for. The said school 
of mines shall have for its object, to furnish such in-i 
struction as is provided for in like technical schoolsi 
of a high grade, and may, by its board of trustees,^ 
confer all degrees appropriate to the courses of study, 
pursued. ~R. S. 6019 

Trustees cannot issue diploma except through faculty. 

a. The board of trustees of the school of mines has noi 
authority to issue a diploma to a student of the school excepti 



f 



§§311-342 STATE EDUCATIONAL INSTITUTIONS 

when required to da so by the school, speaking through its 
faculty. Mandamus will not lie to compel the trustees to 
issue such diploma where the student has failed to pass the 
examination required by the faculty, although the failure 
may be chargeable to the wrongful conduct of the faculty. — 
Steinhaiter v. Arkins, 18 C. A. 49 

341. School open to all. The said school of 
mines shall be open and free for instruction to all 
bona fide residents of this state, without regard to 
sex or color, and with the consent of said board, stu- 
dents from other states or territories may receive 
education thereat upon such terms and at such rates 
of tuition as the board may prescribe. — R. 8. 6021 

342. Governor appoints trustees with consent of 
senate. The Governor of this state, with the advice 
and consent of the Senate, shall, at each regular ses- 
sion of the general assembly to be held after the 
year 1877, by appointment, fill all vacancies in said 
board of trustees occurring either by expiration of 
their term of office or otherwise ; and any vacancy 
occurring in such board when the general assembly 
is not in session may be temporarily filled by the 
Governor until the next meeting of the general as- 
sembly; Provided, That at all times, at least one 
member of said board of trustees shall be a graduate 
of said school of mines upon whom a degree has 
been conferred by its board of trustees not less than 
ten years prior to his appointment. — S. L. '09, p. 501 



347 



STATE HOME FOR DEPENDMENT AND NEG- 
LECTED CHILDREN. 



343. State home established. There shall be 
established in or near Denver, in this state, and 
maintained by the state, an institution which shall 
be known as the state home, and it shall be for a 
home for the children of sound mind and body under 
sixteen years of age, who are dependent on the pub- 
lic for support ; Provided, That the board of control 
of said home shall have authority to admit, in their 
discretion, any child dependent or neglected, regard- 
less of its physical condition.— jR. ;8f. 568 

344. Board of control — appointment — term. 
The general supervision and government of said 
home shall be vested in a board of control, to con- 
sist of five members, who shall be appointed by the 
governor; the members of which board shall hold 
their offices for the respective terms of one for two, 
two for four, and two for six years, from the first I 
Wednesday of April, 1895, and until their successors 
shall be appointed and qualified ; no more than two 
of whom shall belong to the same political party, 
and at least two of whom shall be women ; said re- 
spective terms of office to be designated in their re- 
spective appointments; and thereafter there shall 
be one member of said board appointed every six ^ 
years, commencing first Wednesday in April * * * '• 
by the governor, whose term of office shall continue > 
for six years, or until his or her successor is ap- • 
pointed and qualified ^ ^ ^ _7^^ ^^ 569 

345. Object of home — dependent children re-) 
ceived — guardianship. The object of this act is to ' 

34$ 



STATE EDUCATIONAL INSTITUTIONS §346 

provide a temporary home for dependent and neg- 
lected children in said home, where they shall 
be retained only until they can be placed in family 
homes ; Provided, That in the discretion of the board 
the child may be retained as long as its best in- 
terests may require in said home. There shall be 
received into said home those children who have 
been declared to be dependent on the public for sup- 
port, as herein provided, and they shall be retained 
therein until they are sixteen years of age, unless 
they shall before that age be sent out as herein pro- 
vided. The said board may, in their discretion, re- 
tain any children in said home after they shall be- 
come sixteen years of age, when they shall deem 
such course for the best interest of such children. 
The said board are hereby made the legal guardians 
of the persons and estates of all children admitted 
to said home pursuant to law; which guardianship 
shall continue during the minority of such children, 
except in the cases where, under this act, the guar- 
dianship may be cancelled by resolution adopted by 
said board. — R.S.572 

346. Children placed in private homes — contract 
of apprenticeship. The said board are authorized, 
and }t shall be the duty of said board of control, 
to use special diligence in placing the children ad- 
mitted to said homxC in suitable family homes, which 
shall be approved as herein provided, on written 
eontracts to remain until they are twenty-one years 
of agt.. * * * Such contracts shall provide for 
the education of the children in the public schools 
where they reside at least six months in each year ; 
for teaching them some useful occupation; for kind 

349 



§347 STATE EDUCATIONAL INSTITUTIONS 

and proper treatment as members of the families 
where placed, and for the payment on the term- 
ination of the contract, to said board, for the use 
and benefit of said children, such sum of money as 
shall be named in the contract; Provided, however, 
That in the discretion of said board, in the ease of 
children not on indenture and over sixteen years of 
age, such contract may provide only for wages to 
be paid to the child or to said board for the 
benefit of the child and for kind and proper treat- 
ment. Every such contract shall contain a clause 
reserving the right to said board to cancel the same 
whenever they may deem that the interests of the 
child require it, and may also contain a clause au- 
thorizing the person taking the child to cancel the 
same at any time, within sixty da^^s from the date 
of the contract, on returning the child to the home 
free of expense to said home. All moneys earned by 
said child or received from an indenture contract 
shall be turned over to said child when, for any 
reason, the guardianship of the board shall cease. 

—R. S. 573 

347. Guardianship cease when ward becomes 
self-supporting — classes of children returned to 
counties. Whenever any ward of said board who is 
not indentured has become self-supporting, the said 
board may, at their discretion, so declare the fact 
by resolution, and thereupon said guardianship shall 
cease and the child shall thereafter be entitled to its 
own earnings. Whenever one or both of the parents 
of any ward of said board, who is not indentured, 
have become able to support the child and educate 
it, the child may by resolution adopted by said 
board be restored to its parents, in which case the 

350 



STATE EDUCATIONAL INSTITUTIONS §347 

suitableness of the home shall be certified in the 
manner herein provided for placing children on in- 
denture, and thereupon the guardianship of said 
board shall cease. The said board are authorized 
to return to the counties from which they were sent 
the following classes of children: 

First — Those who have become sixteen years of 
age, and who for any reason cannot be placed or re- 
tained in a family home. 

Second — Those who by reason of vicious habits 
or incorrigibility cannot be placed or retained in 
family homes. 

Third — Those who, in the opinion of said board, 
based on the certificate of the physician of said 
home, are of unsound mind or body, or who have 
same serious physical disability which prevents 
their being placed in family homes or learning 
trades. "Whenever any child shall be ordered • by 
said board to be returned to its county, as herein 
provided, the guardianship of said board shall cease, 
and the child shall thereupon again become a charge 
on the county from which it was sent; and the su- 
perintendent of said home, in returning any child to 
its county, shall report in writing to the county com- 
missioners of the proper county the action of said 
board and the reasons therefor. —i?. 8. 574 



351 



STATE HOME AND TRAINING SCHOOL FOR 
MENTAL DEFECTIVES 



348. Establish home. There is hereby established 
the state home and training school for mental de- 
fectives. The essential object of said school and 
home shall be the mental, moral, physical education 
and training of feeble-minded children and the treat- 
ment and care of persons so mentally defective as to 
be incompetent to care for themselves or their prop- 
erty.—^. L. '09, p. 180 

349. Management of state home. The manage- 
ment of the said state home and training school for 
mental defectives shall be under the supervision of a 
board of three commissioners, who shall be residents 
and electors of the state of Colorado, who shall have 
full control thereof, as hereinafter provided. The 
board of commissioners shall be appointed by the 
governor, by and with the consent of the senate, 
* ^ # and not more than two of the commissioners 
shall be of the same political party; ^ ^ ^ each 
commissioner shall be appointed for the term of six 
years. The governor shall have the power of re- 
moval of any commissioner for cause, specifically 
stated. * ^ ^—8.L.'09,v.lS0 

350. Superintendent — matron — appointment. 
"Within ninety days after appointment, the commis- 
sioners shall, w^th the approval of the governor, 
appoint a superintendent, who shall be a skilled phy- 
sician, who has had not less than two years' expe- 
rience in a similar institution, he shall be competent 
to direct the medical, hygienic, educational and in- 
dustrial interests of said state home and training 

352 



STATE EDUCATIONAL INSTITUTIONS §361 

school ; he shall reside at the state home and training 
school, and shall have a general supervision over its 
affairs. * * * Said board of commissioners shall 
in like manner appoint a matron, who shall be an 
assistant to the superintendent, especially in the 
caring for females admitted to said state home and 
training school, she shall have had at least one 
year's experience in a similar institution, and shall 
reside permanently at said state home and training 
school. * ^^ * The superintendent shall, with the 
approval of the commissioners, appoint such office 
assistants, teachers, attendants, foremen and other 
employes, who shall be residents and electors of the 
state of Colorado, as may be required from time to 
time. * *' * —s. L. '09, p. 181 
i 351. Who admitted to state home. There shall 
' be admitted to the state home and, training school, 
feeble-minded persons incapable of receiving instruc- 
tion in the public schools, also epileptics and feeble- 
j minded adults unable to care for themselves or their 
I property; providing, that the applicant, or his legal 
I guardian shall be a bona fide resident of Colorado. 
'j "When parents, or feeble-minded persons, are able to 
;| pay the whole or any part of the maintenance it shall 
tj be required of them. There may be admitted from 
i other states and territories feeble-minded persons ; 
i provided, that after all Colorado applicants are cared 
[-.j for there shall be room, and provided, that such non- 
resident applicants shall not be afflicted with tuber- 
:jculosis or other contagious diseases, and provid- 
ing, that the entire expense, including room rent, 
board and training shall be paid by the parents, 
|state or territory making such application. * * * 
xSf. L. '6P, p. 182 

353 
12 



TRUANT SCHOOLS 



352. Truant schools to be established — in what 
cities. That in cities having a population of 100,000 
inhabitants or more, there shall be established, main- 
tained and conducted within two years from the date 
of taking effect of this act, one or more parental or 
truant schools for the purpose of affording a place of 
confinement, discipline, instruction and maintenance 
of children of compulsory school age who may be 
committed thereto in the manner hereinafter pro- 
vided.— i^. 8. 5978 

353. Sites — location — furniture — fixtures — no in- 
crease of levy. For the purpose of establishing such 
school or schools, sites may be purchased and build- 
ings constructed or premises rented in the same man- 
ner as is provided for in the case of public schools in 
such cities ; but no such school shall be located at or 
near any penal institution. 

And it shall be the duty of the board of education 
to furnish such schools with such furniture, fixtures, 
apparatus and provisions as may be necessary for the 
maintenance and operation thereof; Provided, That 
nothing in this act shall be construed to permit an 
increase of the levy for school purposes beyond the 
limit fixed by law.—ie. S. 5979 

354. Officers — course of instruction. The board 
of education may also employ a superintendent and 
all other necessary officers, agents and teachers; and I 
shall prescribe the methods of discipline and the ' 
course of instruction; and shall exercise the same 

354 



I 



STATE EDUCATIONAL INSTITUTIONS §§355-356 

powers and perform the same duties as is pre- 
scribed by law for the management of other schools. 

—R. S. 5980 

355. No religious instruction in school — religious 
training. No religions instruction shall be given in 
such school, except such as is allowed by law 
to be giA^en in public schools ; but the board of educa- 
tion shall make suitable regulation so that the in- 
mates may receive religious training in accordance 
with the belief of the parents of such children, either 
by allowing religious services to be held in the insti- 
tution or by arranging for attendance at public serv- 
ice elsewhere.— i?. 8. 5981 

Directors determine use of Bible in school. 

1. Neither the constitution of the state nor the statutes 
touch directly the reading of the Bible or prayer or any 
other form of religious or devotional exercises, except to for- 
bid that observance or participation shall be compulsory. 
The spirit of the constitution permits religious exercises in 
school if nothing sectarian is introduced and the trustees do 
nat object. The laws of the different states bearing on this 
point differ. In Iowa "neither the electors, the board of 

, directors nor the sub-directors can exclude the Bible from 
any school in the state." In Missouri, on the other hand, 
"directors may compel the reading of the Bible." In Dakota 
"the Bible may be read in school not to exceed ten minutes 
daily, without sectarian comment." The Cincinnati board of 
education forbade the reading of the Bible in the public 
schools of that city. In 1873 the supreme court of Ohio 
reversed this judgment, and sustained the board, saying 
"that the management of the public schools, being under the 
exclusive control of directors, trustees and boards of educa- 

»tion, it rested with them solely to determine what instruc- 
tion should be given and what books should be read therein." 

2. The law of Colorado does not specify concerning the 
reading of the Bible in the public schools, the school boards 
of the state having the right to specify as to what shall be 
the practice in the matter. 

356. Habitual truant — petition to county court. 

It shall be the duty of any truant officer or agent of 

355 



§357 STATE EDUCATIONAL INSTITUTIONS 

such board of education to petition, and any repu- 
table citizen of the city may petition the county court 
of the county to inquire into the case of any child 
of compulsory school age who is not attending school, 
or who has been guilty of habitual truancy, or of 
persistent violation of the rules of the public schools, 
and the petition shall also state the names, if known, 
of the father and mother of such child, or the sur- 
vivor of them; and if neither father nor mother of 
such child is living, or cannot be found in the county, 
or if their names cannot be ascertained, then the 
name of the guardian, if there be one known, and if 
there be a parent living whose name can be ascer- 
tained, or a guardian, the petition shall show whether 
or not the father or mother or guardian consents to 
the commitment of such child to such parental or 
truant school. Such petition shall be verified by oath 
upon the belief of the petitioner, and upon being 
filed, the judge of the county court shall have such 
child named in the petition brought before him for 
the purpose of determining the application in said- 
petition contained. But no child shall be committed 
to such school who has ever been convicted of any 
offense punishable by confinement in any penal insti- 
tution.— i?. S. 5982 

357. Hearing — commitment — notice to parent. 

Upon the filing of such petition the clerk of the court 
shall issue writ to the truancy officer of the district,* 
directing him to bring such child before the court; 
if the court shall find the material facts set forth in • 
the petition are true, and if in the opinion of the 
court such child is a fit person to be committed to 
such parental or truant school, to be kept there until 
he or she arrives at the age of fourteen years, unless 

356 



STATE EDUCATIONAL. INSTITUTIONS §§358-359 

sooner discharged in the manner hereinafter set 
forth, subject to the right of appeal as in cases of 
misdemeanor in the county courts. Before the hear- 
ing aforesaid, notice in writing shall be given to the 
parent or guardian of such child, if known, of the 
proceedings about to be instituted, that he or she 
may appear and resist the same, if they so desire. 
—R. 8. 5983 

358. Parent or guardian pay maintenance. It 

shall be the duty of the parent or guardian of any 
child committed to this school to pay the actual cost 
of board of such child and provide suitable clothing 
upon his or her entry into such school, and from time 
to time thereafter as it may be needed, upon notice 
in writing from the superintendent or other proper 
officer of the school. In case any parent or guardian 
shall refuse or neglect to furnish such clothing or 
pay for such board, the same may be provided by the 
board of education, and such board may have an 
action against such parent or guardian of said child 
to recover the cost of such clothing and board, with 
10 per cent, additional thereto.— i^. ^Sf. 5984 

359. Board of education establish regulations for 
parole. The board of education of such city shall 
have power to establish rules and regulations under 
which children committed to such parental or truant 
school may be allo\yed to return home upon parole, 
but to remain while upon parole in the legal custody 
and under control of the officer and agents of such 
school and subject at any time to be taken back 
within the enclosure of such school by the superin- 
tendent or any authorized officer of said school, ex- 
cept as hereinafter provided; and full power to en- 
force such rules and regulations to retake any such 

357 



§§360-361 STATE -EDUCATIONAL INSTITUTIONS 

child so upon parole is hereby conferred upon said 
board of education. No child shall be released upon 
parole in less than four weeks from the tiirue of his 
or her commitment, nor thereafter until the superin- 
tendent of such parental or truant school shall have 
become satisfied from the conduct of such child that, 
if paroled, he or she will attend regularly the public 
or private school to which he or she may be sent by 
his or her parents or guardians, and shall so certify 
to the board of education.— i?. 8. 5985 

360. Monthly report — discharge — recommitment. 
It shall be the duty of the principal or other person 
having charge of the school to which such child so 
released on parole may be sent, to report at least 
once each month to the superintendent of the pa- 
rental or truant school, stating whether or not such 
child attends school regularly, and obeys the rules 
and regulations of such school; and if such child so 
released upon parole shall be regular in his or her 
attendance at school, and his or her conduct as pupil 
shall be satisfactory for a period of one year from 
date, on which he or she was released upon parole, he 
or she shall then be finally discharged from the pa- 
rental or truant school, and shall not be recommitted 
thereto, except upon petition as hereinbefore pro- 
vided.— i?. 8. 5986 

361. Violation of parole — penalty — second parole. 
In case any child released from school upon parole, 
as hereinbefore provided, shall violate the conditions 
of his or her parole at any time within one year 
thereafter, he or she shall, upon the order of the 
county court, as hereinbefore provided, be taken back 
to such parental or truant school, and shall not be 
again released upon parole within the period of three 

358 



STATE EDUCATIONAL INSTITUTIONS §§362-363 

months from the date of such re-entering; and if he 
or she shall violate the conditions of a second parole, 
he or she shall be recommitted to such parental or 
truant school, and shall not be released therefrom on 
parole, until he or she shall remain in such school ai 
least one year.— ie. >Sf. 5987 

362. Incorrigible — committed to reformatory. 
In any case where a child is incorrigible and his or 
her influence in such school shall be detrimental to 
the interests of the other pupils, the board of educa- 
tion may authorize the superintendent of any officer 
of the school to represent these facts to the county 
court by petition; and the court shall have power 
to commit said child to some juvenile reformatory. 
—R. S. 5988 

363. Established in cities over 25,000, under 
100,000. The boards of education in cities having a 
population of over 25,000, and less than 100,000, may 
establish, maintain and operate a parental or truant 
school for the purpose hereinbefore specified, and in 
case of the establishment of such a school, the 
boards of education shall have like power in their 
respective cities as hereinbefore expressed; provided, 
that no board of trustees or board of education under 
this section shall put this law into effect until sub- 
mitted to a vote of the people and adopted by a ma- 
jority vote at som^ general election, in which case 
school districts in the same municipality may unite 
in the establishment and maintenance of one such 
truancv school.— 7^. S. 5989 



359 



UNIVERSITY 



364. Studies — qualifications of students. The 

objects of the university of Colorado, established by 
law, near Boulder City, in Boulder County, and 
state of Colorado, shall be to provide the best and 
most efficient means of imparting to young men and 
women, on equal terms, a liberal education and 
thorough knowledge of the different branches of 
literature, the arts and sciences, with their varied 
applications. The university, so far as practicable, 
shall begin the course of study in its collegiate and 
scientific departments at the points where the same 
are completed in high schools, and no student shall 
be admitted who has not previously completed the 
elementary studies in such branches as are taught 
in the common schools throughout the state. 
—R. 8. 6933 

Change of location of university. 

a. The location of the state university is, by the con- 
stitution, established at Boulder, and cannot be changed ex- 
cept by constitutional amendment. — People v. Regents, 24 C 
175 

365. Each county entitled to one pupil free. 

Each county shall be entitled to send one pupil 
under the age of 16 years to said university, tuition 
free ; said pupil to be selected by competitive exam- 
ination before the county superintendent of such 
county and given to the highest scholarship. 
~R. 8. 6934 

366. Tuition fee. Provided that said univer- 
sity sliall charge a reasonable tuition fee for all stii- 

360 



STATE EDUCATIONAL INSTITUTIONS §^367-370 

dents attending from outside the state, or whose 
parents reside outside the state of Colorado. 
—R. S. 6935 

367. Religious or irreligious control. The uni- 
versity shall never be under the control of any re- 
ligious or irreligious denomination or society what- 
ever.— 7?. S. 6936 

368. Regents— election— term of office. The 
university shall be governed by a board of six re- 
gents, who shall be elected by the people of the 
state at a general election. '* ^ ^ The regents 
thus elected and their successors in office shall con- 
stitute a body corporate to be known by the name 
and style of the regents of the university of Colo- 
rado. —R. S. 6937 

Note. See article 9, section 12, constitution. 

369. Departments — degrees — diplomas. The 

university shall include a classical, philosophical, 
normal, scientific, law and such other departments, 
with such courses of instruction and elective studies 
as the board of regents may determine, and a de- 
partment of physical sciences, and the board shall 
have authority to confer such degrees, and grant 
such diplomas and other marks of distinction, as are 
usually conferred and granted by other universities; 
and the board of regents is hereby authorized to 
establish a preparatory department, which shall be 
under the control of said board of regents, as are 
the other departments of the university. ^ ^ "^ 
~R. aS'. 6945 

370. Report — contents. The president of the 
university shall make a report on the first day of 
September of each year to the board of regents, 

861 



§ 371 STATE EDUCATIONAL INSTITUTIONS 

which shall exhibit the condition and progress of the 
institution in its several departments, the different 
courses of study pursued therein, the branches 
taught, the means and methods of instruction 
adopted, the number of students, with their names, 
classes and residences, and such other matters as he 
may deem proper to communicate.— i?. S. 6954 

371. Regents report to superintendent of public 
instruction. The board of regents shall, on the first 
day of October preceding each meeting of the gen- 
eral assembly, mxake a report to the superintendent 
of public instruction, which report, with that of the 
president, shall be embodied in the said superintend- 
ent's report to the general assembly. The report of 
the board of regents shall contain the number of 
professors, tutors and other oiScers, with the com- 
pensation of each ; the condition of the university 
fund, and the income received therefrom, and from 
all other sources; the amount of expenditures and 
the items thereof; and such other information and 
recommendations as may be expedient to lay before 
the general assembly.— i^. s, 6955 



?62 



STATE SUPERINTENDENT OF PUBLIC IN- 
STRUCTION 



372. Election of state superintendent. At the 

/ general election, to be held in the year of our Lord 
^ one thousand eight hundred and seventy-eight, and 
every two years thereafter, a state superintendent ot* 
public instruction shall be elected by the qualified 
electors of the state, who shall hold office for the 
term of two years frorm the second Tuesday of Jan- 
uary next after his election, and until his successor 
is duly elected and qualified.— i?. S. 5871 

373. Oath and bond of superintendent. Before 
entering upon his duties he shall take and subscribe 
the oath of office prescribed by the constitution, and 
shall also execute a bond in the penalty of five 
thousand dollars, payable to the state of Colorado, 
with sureties to be approved by the state auditor, 
■conditioned upon the faithful discharge of his of- 

cial duties, and the delivery to his successor of ail 
ooks, papers, documents and other property be- 
longing to the office. Said bonds and oath shall be 
deposited with the secretary of state.— i^. >Sf. 5872 

374. Duties of superintendent. He shall have 
n office at the seat of government, where shall be 
ept an official seal, and all books and papers ap- 
ertaining to the business of his office. He shall file 
11 papers, reports and public documents trans- 

itted to him by the school officers of the several 

ounties, each year separately, and hold the same 

in readiness to be exhibited to the governor, or to 

any committee of either house of the general as- 

363 



§375 SUPERINTENDENT OF PUBLIC INSTRUCTION 

sembly. Copies of all papers filed in his office, and 
his official acts, may be certified by him, and when 
so certified, shall be evidence equally and in like 
manner as the original papers. He shall decide all 
points touching the construction of the school laws, 
which may be submitted to him in writing by any 
school officer, teacher or other person in the state, 
and his decision shall be held to be correct and final 
until set aside by a court of competent jurisdiction, 
or by subsequent legislation; and said decision, cor- 
respondence and instructions may be communicated 
through the columns of any regularly published 
periodical that is devoted to the interest ot educa- 
tion. He shall prepare lists of questions for the use 
of county superintendents at the quarterly examin- 
ation of teachers, and make such suggestions con- 
cerning their use as shall tend to secure uniform ex- 
aminations in the different counties; and he may 
call to his aid, in the preparation of said questions, 
such assistance as he may deem proper.— J^. s. 5873 

Note. In regard to books received for use of the supreme 
court see R. S. 1428. 

375. Furnish blanks — cost — prepare laws. He 

shall have a general supervision of all the county 
superintendents, and of the public schools of the 
state. He shall prepare, have printed and furnished 
to teachers and all officers charged with the admin- 
istration of the laws relating to public schools, such 
blank forms, registers and books as may be neces- 
sary to the discharge of their duties; but he shall 
not copyright such forms, nor be directly nor indi- 
rectly compensated by reason of the sale thereof. 
All register and blank books so furnished for the 
use of teachers and school officers shall be charged 

364 



SUPERINTENDENT OF PUBLIC INSTRUCTION §375 

to the respective counties at cost, and the county 
superintendent of schools shall receipt for and dis- 
tribute the same among the districts of his county 
as they may require; and the amount so chargod 
against each county shall be deducted from the , 
amount apportioned to such county at the semi- 
annual apportionment of the state school fund ; and 
the superintendent of public instruction shall cer- 
tify to the state treasurer the aggregate amount of 
such deductions, and the treasurer shall thereupon 
transfer said amount from the school fund subject 
to apportionment to the general fund. The super- 
intendent of public instruction shall have the laws 
relating to public schools printed in pamphlet form, 
and annexed thereto forms for making reports and 
conducting school business, and shall supply school 
officers, school libraries and state libraries with a 
copy each. Said printing to be paid for out of the 
printing fund, on warrant of the auditor, on bills 
approved by the superintendent of public instruc- 
tion, and a^ttested by the secretary of state. 

— R. S. 5874 

Note. See enabling act, section 14. 

Powers in regard to certificates. 

1. The state superintendent has no authority ta grant a 
certificate to teach except when directed to do so by a vote of 
the state board of education, or in cases of appeal or upon 
state examination. 

2. Neither the state superintendent of public instruc- 
tion nor the state board of education have the power to 
compel a county superintendent to recognize examination 
papers prepared under the supervision of the county super- 
intendent of another county, as this is a mere matter of 
comity. 

3. The state superintendent has no right to authorize 
the county superintendent to hold a special examination. 
Examinations for teachers' certificates cannot be held except 
at the times prescribed by law for public examinations. 

365 



S375 SUPERINTENDENT OF PUBLIC INSTRUCTION 

4. The state superintendent has no right to endorse 
certificates, as this is a matter which rests with the county 
superintendent. 

5. The state superintendent has no authority whatever 
to waive in any manner the requirement for the issuing a 
certificate to teach, nor to order a county superintendent to 
change the marking, unless the applicant appeals from the 
decision of the county superintendent to the state board of 
education. 

6. The state superintendent has no authority whatever 
to waive in any manner the requirements of law for a license 
to teach, nor to grant a temporary certificate or permit, nor 
to authorize a county superintendent to grant such certifi- 
cate or permit. 

7. The laws of Colorado do not give the state superin- 
tendent the right to endorse certificates of any kind from 
other states. 

8. The law makes no provision for the writing of a 
duplicate certificate for the convenience of the person hold- 
ing a first grade certificate. Special permission may be ob- 
tained from the state superintendent by a county superin- 
tendent to write a duplicate certificate in case the holder of 
the original gives proof of its being lost or destroyed. 

9. The state superintendent has no authority to excuse 
a person from taking an examination. 

Take no part in organizing district. 

10. It is not withiu the province of the state superin- 
tendent to take any part whatever in the organization of a 
new school district; but, as a member of the state board of 
education, she may pass upon the legality of such organiza- 
tion when an appeal is taken to the board from the decision 
of the county superintendent. 

11. The state superintendent has no power to establish 
a school in any locality. 

In regard to special elections. 

12. The state superintendent has no power to set aside 
a special meeting of the electors of a district, as this is a 
question to be decided by the courts. 

13. The state superintendent has no authority to call a 
special school election, since the law provides that it must 
be called either by the secretary of the board of directors or 
by two legal voters in the district, as specified in section 
144. 

366 



SUPERINTENDENT OF PUBLIC INSTRUCTION §376 

No power to compel county superintendent to turn over 
records and funds. 

14. If a county superintendent fails to turn over moneys 
received by him to the county treasurer as required by law, 
or fails to turn over to his successor the records of the office, 
such matters should be called to the attention of the county 
commissioners, and they may proceed in a civil action for 
the recovery of any moneys due the county and to compel 
the delivery of such records. The county superintendent is 
also liable upon his bond for the improper performance of 
his duty; but all these are matters over which the state 
superintendent has no jurisdiction. 

376. Biennial report — visits — expenses. He 

shall, on or before the tenth day of December, in 
every year preceding that in which shall be held a 
regular session of the general assembly, report to 
the governor the condition of the public schools, the 
amount of state school fund apportioned, and sources 
from which derived, with suggestions and recom- 
mendations relating 'to the affairs of his office as he 
may think proper to communicate. It shall be his 
duty to visit annually such counties in the state as 
most need his personal attendance, and all counties, 
if practicable, for the purpose of inspecting the 
schools, awakening and guiding public sentiment in 
relation to the practical interests of education, and 
diffusing as widely as possible, by public addresses 
and personal communication with school teachers 
and parents, a knowledge of existing defects and of 
desirable improvements in the government and in- 
struction of the schools ; and he shall open such cor- 
respondence as may enable him to obtain all neces- 
sary information relating to the system of public 
schools in other states; and he shall receive out of 
the state treasury, for actual necessary traveling ex- 
penses and other expenses while traveling on the 

S67 



§377 SUPERINTENDENT OF PUBLIC INSTRUCTION 

business of the department, not exceeding five hun- 
dred dollars per annum, for which he shall render 
an itemized bill to the auditor of state, who is here- 
by authorized to draw his warrant therefor; and all 
office, fuel, furniture, postage, books, stationery, and 
other contingent expenses pertaining to his office 
shall be furnished in the same manner as those of 
the other departments of the state government. 
—R. S. 5875 

377. Apportionment of school fund. It shall be 
the duty of the state auditor to notify the super- 
intendent of public instruction of the amount of 
money in the state treasury to the credit of the pub- 
lic school income fund, on the thirtieth day of June 
and December in each year. "Within fifteen days 
after receiving such notification, the superintendent 
of public instruction shall apportion said fund 
among the several counties of the state, from which 
reports have been received by said superintendent, 
as provided in this act, in proportion to the school 
population as shown by the report of each county 
for the year next preceding such apportionment, 
making such deductions as are provided in section 
nine of said chapter. And the superintendent of 
public instruction shall certify said apportionment 
to the state auditor, and upon such certificate the 
auditor shall draw his warrant on the state treasurer 
in favor of the county treasurer of each county, for 
the amount due said county. The superintendent 
shall also certify to the superintendent of each coun- 
ty the amount apportioned to such county —J^. S. 5887 

Note. Section 9 referred to in this section is section 375. 
368 



SUPERINTENDENT OF PUBLIC INSTRUCTION §378 

Two apportionments. 
1. There are only two apportio'nmenfs of the school 
fund by the state superintendent during the year — one in 
January and one in July. Other apportionments, if any, are 
made by the county superintendents. 

Ir 378. Assistant librarian — salary. He may em- 
' ploy an assistant librarian, who shall have charge 
of the state library, under such regulations as may 
be prescribed by the state librarian, or by law. 
Said assistant shall receive the annual salary of one 
thousand dollars for his services.— i?. fif. 5876 



369 



TAXES 

COUNTY SCHOOL TAXES 

379. County commissioners shall cause school tax 
to be levied. The county commissioners shall, at the 
time of levying the tax for county purposes, cause to 
be levied a tax for the support of the schools 
within the county, of not less than two mills on the 
dollar, of the assessed value of all taxable property, 
real and personal, within the county, which tax shall 
be collected by the county treasurer at the same time, 
and in the same manner, as state and county taxes 
are collected, except that it shall be receivable only 
in cash. It is hereby made the duty of the county 
superintendent of schools to certify to the board of 
county commissioners at this time the amount of 
money needed per capita, to enable each school dis- 
trict in the county to maintain a public school four 
months in each year, as required by law. In 
making his estimate, the county superintendent shall 
not take into consideration districts whose school 
population shall be less than fifteen, as shown 
by the school census preceding the time of making 
the levy. He shall use as a basis for making his esti- 
mate the sum of forty dollars per month for the 
teacher's salary. All other expenses of the school 
must be provided for by the board of directors by 
special tax. It is hereby made the duty of the county 
commissioners to increase the minimum rate of two 
mills, to what shall be required for the purpose ' 
as stated as above; Provided, That such tax lev} 
shall in no case exceed five mills; Provided, fur- 
ther, If any school district shall fail to certify i 

370 



TAXES § 379 

special tax for other expenses of the district nec- 
essary to maintaining a public school each year, as 
provided for in section seventy-seven, the county 
commissioners shall cause the same to be levied. 
—R, 8. 5893 

Note. Section 77 above referred to is section 240 herein. 
Tax levy becomes lien when. 

a. A tax levy for school purposes does not become a 
lien upon personal property by virtue of the assessment 
merely, but only upon seizure, there being nothing in the 
statute upon the subject. — McKay v. Batchelor, 2 C. 591 

Property located partly within district. 

h. Property located in a school district is alone subject 
to sale for taxes levied on the property of the district, and 
where a tract of land lies partly within and partly without 
the district, that part lying without cannot be sold for taxes. 
—Shaiv V. Lockett, 14 C. A. 413 

Apportionment of two mill levy. 

1. The above section contemplates that the two mill 
tax therein pro-vided shall be apportioned among the school 
districts per capita. The $40 per month therein provided is 
established as a basis in estimating the teachers' salaries. 

Duties of county commissioners in regard to levy. 

2. It is the duty of the board of county commissioners 
to levy such a rate above two mills as may be necessary to 
produce the amount needed per capita to enable each school 
district in the county to maintain a public school four 
months in each year, as required by law, and as shown by 
the county superintendent's certificate provided for in the 
same section, and the board of commissioners can be com- 
pelled to do this by mandamus if necessary. 

3. The county commissioners have no right whatever 
to make a general levy of one mill only, since the law plainly 
states that the minimum rate is two mills, which must be 
increased by the commissioners to w^hatever shall be re- 
quired for the purpose as specified to them by the county 
superintendent of schools. 

Commissioners — no authority to change levies — ivhen 
certified. 

4. The county commissioners have no authority what- 
ever to change levies for special school tax when certified to 

371 



§§ 380-381 TAXES 

bj' the directors of a district. The levies as certified by the 
school directors must remain, whatever the action of the 
commissioners may be as regards valuation. 

No annual meeting — county commissioners make levy. 

5. In case a school district has not held its annual 
meeting to elect officers and vote a tax, it becomes the duty 
of the county superintendent to appoint to the vacant posi- 
tions, and the duty of the county commissioners to levy the 
tax for the district. 

New levy on consolidation — when. - 

6. If districts are consolidated between the time of 
voting on the special tax and making the levy by the county 
commissioners, a new levy must be determined on for the 
new district. 

Special tax — when voted. 

7. It would be legal to vote a special tax at an annual 
meeting by giving the legal notice. 

8. A majority vote to decide a special tax levy for erect- 
ing a school building means a majority of the qualified 
electors ivhen assembled at a regular or special meeting. 

380. County clerk must levy — officer failing — 
forfeiture. No county clerk or other person, who 
shall make out the tax list or assessment roll of any 
county, shall omit or neglect to levy said tax of 
two mills, as aforesaid, by reason of the omission of 
the board of county commissioners to pass a resolu- 
tion for that purpose. Failure to levy a tax of at 
least two mills, as above specified, shall be deemed 
a violation of the law, and the person or persons 
through whose neglect or refusal the failure so to 
levy shall occur, shall forfeit the sum of one 
hundred dollars each, and be liable for all damages 
resulting from such neglect or failure.— ie. S. 5894 

381. School boards certify amount needed to 
county commissioners — not exceed twenty mills — 
duties of assessors and treasurer — tax for library. 
On or before the day designated by law for the com- 

. 372 



i 



TAXES § 381 

missioners of each county to levy the requisite taxes 
for the then ensuing year, the school board in each 
district shall certify to the board of county commis- 
sioners a statement showing the aggregate amount, 
which, in the judgment of said school board, it is 
necessary to raise from the taxable property of said 
district, to create a special fund for any of the pur- 
poses specified in section 51 of this chapter; said 
statement shall also show the items composing said 
aggregate and the purpose to which it is intended to 
devote each sum so itemized. It shall thereupon be 
the duty of the county commissioners to levy, at the 
same time that other taxes are levied, such rate, 
within the limits allowed by law, as will produce the 
aggregate amount so certified. The amount of such 
special tax, which shall be assessed to each tax payer 
of such district, shall be placed in a separate column 
of the tax book, which shall be headed ^^ Special 
School Tax," Provided, in the case of districts of the 
third class no higher rate than tw^enty mills per 
dollar shall be levied. There shall also be a column 
in said tax book in which shall be designated the 
number of the school district in which the property 
is listed. This tax shall be collected in cash only, 
and placed to the credit of the proper district as fast 
as collected, and the amount placed to the credit of . 
each district shall be reported to the secretary of 
such district at the end of every month, and shall be 
subject to the order of the district board. It is 
hereby made the duty of the county assessor and 
county treasurer to so arrange their tax schedules 
and books as to conform to the above provision ; Pro- 
^'ided, That the county assessor shall list all prop- 
Tty, both real and personal, in the school district in 

373 



§381 TAXES 

which the same may be on the first day of May; And 
provided, further, That the board of any district may 
i]iclude in said certified statement an item for the 
purchase of books for a library, to be open to the 
public, under such rules as the district board may 
deem needful for the proper care of the said library ; 
but no levy made for this purpose shall exceed one- 
tenth of one mill, and the money accruing therefrom 
shall be used for the purposes of such library, and 
for no other purpose whatsoever. — /Sf. I/. 'i^, p. 585 

Note. Section 51 above referred to is section 124 herein. 

Mandamus county commissioners when. 

a. Where at a special meeting of the district a resolu- 
tion is regularly adopted instructing the president and secre- 
tary of the board to certify to the county commissioners the 
levy necessary for a special fund, and such action is duly 
certified, there is a sufficient compliance with the statute to 
authorize a proceeding by mandamus to compel the commis- 
sioners to levy the tax, and on petition for that purpose by 
the people, at the relation of the district, the supreme court 
has original jurisdiction. — People ex rel v. County Comrs., 
12 C. 89 

Electors levy special tax. 

h. The power to levy a special tax in a school district 
of the third class is by statute vested in the electors thereof, 
and cannot be exercised by the board of directors. — County 
Comrs. V, R. R. Co., 3 C. A. 398 

Property located partly within district. 
c. Property located in a school district is alone subject 
to sale for taxes levied on the property of the district, and 
where a tract of land lies partly within and partly without 
the district, that part lying without cannot be sold for taxes. 
—Shaw V. Lockett, 14 C. A. 413 

Certify special tiventy mill limit. 

1. A district board of the third class can legally certify 
a special tax to the board of county commissioners without! 
a vote of the electors of the district, provided the tax thus, 
certified is not in excess of the amount necessary to support 
a four months' school. 

2. If the directors fail to certify the amount of the spe- 
cial tax levy the county commissioners may make a levy 

374 



I 



TAXES § 382 

sufficient to maintain a four months' school, the tax in no 
case to exceed 20 mills. 

3. The 20 mill limit of special taxation applies only to 
third class districts. 

4. In case an assessor should alter a levy certified by a 
district school board, he is liable civilly and criminally. 

Levy for lihraries. 

5. The county high school district has the right to levy 
a one-tenth mill tax for library purposes, just as any other 
district has. 

6. Funds raised in accordance v/ith the provisions of 
this section of the school law must be used solely for the 
purchase of books for a library which shall be entirely under 
the control of the school board; and while the section states 
that the library shall be open to the public, it is my opinion 
that, the law does not contemplate the location of the library 
anywhere but in connection with the school. 

Special levy in first and second class districts. 

7. There is no limit to the special levy in first and 
second class districts. 

Special taxes collected on range stock — when. 

8. It is lawful to collect special school taxes on range 
stock in districts where they are located. 

Cannot change school tax of resident. 

9. The law gives no authority to change the school tax 
of a resident of one district to another district. 

New levy upon consolidation. 

10. If districts are consolidated between the time of 
voting on the special tax and making the levy by the county 
commissioners, a new levy must be determined o-n for the 
new district. 

When warrants drawn. 

11. After a levy is made for a special purpose in a 
school district, and is also made by the county commis- 
sioners, warrants may be drawn to the amount of the rev- 
enue for the current year. 

SPECIAL TAX 

382. Special tax levy not to be reconsidered. It 

shall not be lawful for a district or a district board 
to reconsider the question of the levy of a special 



§ 382 TAXES 

tax after the same has been certified to the county 
commissioners, nor shall said commissioners be 
charged with any discretion in the matter of such 
levy further than to ascertain if the law has been^ 
obeyed.— 7?. 8. 5896 

Levy caniiot he changed. 

1. The baard of county commissioners has no authority^ 
to change a special tax levy certified by the board of direct- 
ors. 

2. A district board cannot raise a tax levy decided upon 
by the electors of the school district after it has been certi- 
fied to the county clerk. The board of commissioners cannot 
raise this levy if the requirements of the law have been com- 
plied with so far as the amount is concerned. 

3. The directors cannot change a levy made by the 
electors of a district, even though if may be insufficient to 
carry on the regular term of school in the district. 

4. When a levy has been made by electors, it is not in 
the power of the school board to raise the levy made after 
the same has been certified to the county commissioners. 
This applies to a third class district. If it is a second class 
district, the right to make the levy rests entirely with the 
school board. 

5. While the law does not permit the changing of a tax 
levy made at the annual meeting in May and certified to by 
the school board of the district, the district would have a 
right to call a special meeting to vote an additional special 
tax of two OT any other number of mills that would be inside 
the limit up to which a third class district is permitted to 
levy. This is not in any way to be considered changing the 
original levy, but simply voting an additional levy. 

6. If districts are consolidated between the time of 
voting on the special tax and making the levy by the county 
commissioners, a new levy must be determined on for the 
new district. 

7. There is no provision whereby the levy can be 
changed that has been certified to by the former county 
superintendent and ordered by the commissioners. 



376 



TEACHERS 



383. Must have license — expiration — proviso. 

No district board shall employ any person to teach 
in any of the public schools of the state, unless such 
person shall have a license to teach, issued from the 
proper district, county or state authority, and in full 
force at the date of employment; and any teacher 
who shall commence teaching in any such school 
without such license, shall forfeit all claim to com- 
pensation out of the school fund for the term so 
teaching without such license. And if a teacher's 
license shall expire by its own limitation within a 
term of eniployment, such expiration shall not have 
the effect to stop the school, or stop the teacher's 
pay; Provided, That a teacher whose certificate so 
expires, if the term of school for which such teacher 
is employed extends more than one month after such 
expiration, shall secure a new certificate, or a re- 
newal of the one held while the same is in force ; 
And, provided, further, That a certificate shall not 
be required of persons employed to teach either 
music, drawing or modern languages only. No 
teacher shall be dismissed without good cause 
shown, and such teacher shall be entitled to receive 
pay for services rendered.— i?. ^. 5990 

Note. Kindergarten teachers, section 233. 

Note. For powers and duties generally see pages 167 and 
168 herein. 

Note. For different grade certificates see section 47 herein. 

Note. For examinations see section 149 herein and de- 
cisions thereunder. 

Teacher discharged need not appeal. 
a. A public scho'ol teacher engaged for a specific term, 
who is discharged without cause, need not rely upon the 

377 



§ 383 TEACHERS 

statutory right of appeal from the decision of the board, 
but may bring action to recover in the courts; and the rule 
in the teachers' hand-book, that the tenure of office of all 
teachers, regardless of contract, shall be at the pleasure of 
the board, is no defense to such action. — School District v. 
Hale, 15 C. 367 

Teacher discharged for cause only. 
1). A teacher cannot be dismissed from the public schools 
without due notice and upon good cause shown, and when an 
action is brought to recover damages therefor the board can 
only justify by showing proper cause for dismissal in ac- 
cordance w^ith the statute. — School District v. McComh, 18 C. 
240 

Revoking certificate after discharging. 

c. A school board of a first class district, after discharg- 
ing a teacher, has no authority to revoke a certificate there- 
tofore issued to him so as to prevent his recovery for the 
unexpired term. — School District v. Shuck, 49 C. 526 

Teacher discharged only upon hearing. 

d. Under the law providing that a teacher can be dis- 
charged only on good cause shown, there must be a specific 
accusation, notice and evidence placed before the board in 
its official capacity, and a hearing given the teacher to refute 
the charge; and where some of the members of the board, 
in an unofficial capacity only, inquired around and found 
some basis for neighborhood rumors of immorality, and upon 
such evidence the board gave the teacher leave of absence 
with instructions to clear up the matter, and discharged him 
upon failure so to do, is not a compliance with the statute, 
and such discharge is illegal. — School v. Shuck, 49 C. 526 

Normal school diploma. 

e. A state normal school diploma licenses the holder to 
teach in the public schools of this state until annulled by 
the state superintendent or suspended by a county superin- 
tendent. It is evidence of a vested continuing right to 
teach in any public school in the state, and cannot be super- 
seded or modified by any mandate or order of a school board. 
— Nash V. School Board, 49 C. 555 

Appointment and acceptance create contract. 

f. A resolution of the directors appointing plaintiff a 
teacher for the ensuing school year, and an acceptance of the 
appointment, create a contract; and the requirement in the 
resolution that teachers must, after a designated date, hold 
a first grade certificate is not a limitation, but simply ren- 

378 



TEACHERS § 383 

ders the employment subject tc termination after such date, 
if not complied with. — Nash v. School Board, 49 C. 555 

Teacher employed without license, how. 
g. Although the law prohibits a school board from em- 
ploying a teacher having no license to teach at the date of 
such employment, and further provides that a teacher who 
shall commence teaching without such license shall forfeit 
all claim to compensation, yet a school board may engage a 
teacher to begin teaching at a future date conditioned upon 
her obtaining such license prior to the beginning of the 
school. When such license is obtained and the school com- 
menced, the engagement ripens into a valid contract. — Hotz 
V. School Dist., 1 C. A. 40 

Certificate obtained after commencement of school. 
h. A teacher who, at the time of her employment, has a 
first grade certificate in full force in another county, upon 
which her county superintendent agrees to issue a certificate 
of like grade, but does not do so until after the commence- 
ment of her school, is entitled, at least, to compensation 
from the date of such like grade certificate if she proceeds 
with the school. — School Dist. v. Ross, 4 C. A. 493 

Injunction not lie to prevent discharge of teacher. 

i. Since school boards have power to summarily dismiss 
teachers for cause, injunction will not lie to restrain them 
from so doing, for, if wrongfully dismissed, the teacher's 
remedy is an action for damages. — School Dist. v. Carson, 
9 C. A. 6 

Certificate not collaterally attacked except. 

;. In an action by a teacher for wages under a contract, 
his certificate from a county superintendent cannot be col- 
laterally attacked except for fraud. — School Dist. v. Stone. 
14 C. A. 211 

Ratification of contract. 

k. Where a school board enters into a contract with a 
teacher, and for ten v/eeks accepts her services and pays her 
wages, such action constitutes a ratification of the contract, 
and the board is estopped from asserting its invalidity. — 
School Dist. V. Stone, 14 C. A. 211 

Contract not made at formal meeting. 

I. Under the law authorizing a school board to employ 

teachers it is not absolutely necessary that the contract be 

made at a formal meeting. A contract agreed to by all 

members of the board, and executed and signed by a ma- 

379 



§383 TEACHERS 

jority of the board, is binding, although not done at a regu- 
larly convened meeting. — School Dist. v. Stone, 14 C. A. 211 j 

County superintendents sue in official capacity, 
m. County superintendents have the right to sue in^ 
their official capacity, and may maintain such actions as are 
necessary to the fulfillment of the duties of their offices, 
and to this end may bring an action to restrain a board of 
directors from employing a teacher without a certificate. — 
Catlin V. Christie, 15 C. A. 291 

Certificates — modern languages — music — drawing. 

1. Section 239 provides that, upon the demand of the 
parents or guardians of twenty or more children of school 
age, the board of such school district may procure efficient 
instructors in the German and Spanish languages, or either. 
It also provides that, upon like demand, the board may pro- 
cure like instructors to teach the branches required in the 
public schools in German or Spanish, or either. Section 383 
provides that a certificate shall not be required of persons 
employed to teach music, drawing, or modern languages. 
From these provisions we infer that no teacher's certificate 
is required to teach music, drawing, or the German or 
Spanish language only; but if the teacher is required to 
teach the common school branches in either German or 
Spanish, then a county teachers' certificate must first be 
obtained. It would also logically follow that any person 
employed to teach any language, other than English only, 
should not be required to obtain a county teachers' certifi- 
cate. 

2. A person cannot be legally employed to teach in the 
public schools for any length of time, however short, unless 
such person has a certificate to teach, issued by the proper 
authorities. 

3. An unlicensed person cannot legally be employed as 
substitute teacher in the public schools of this state. 

4. It is held that a teacher may continue school until 
notice is given of the failure to obtain a certificate. 

5. It is illegal to employ a person to teach a public 
school who has no certificate, as no legal contract can be 
made between the school board and such a person; and the 
fact that no salary is drawn would not make the transaction 
legal. 

6. In a district of the first class the school board would 
have the power to employ a city superintendent, who holds 
satisfactory evidence of adequate training for the work he 
is to do, without requiring an examination; but in a second 

380 



TEACHERS §383 

class district the superintendent would be required to take 
the examination if he instructs in any of the branches other 
than music, drawing and modern languages. 

Teachers' contracts generally. 

7. Two members of the school board in districts of the 
second and third classes can make a legal contract without 
the consent of the third member; providing such contract is 
made at a regular meeting, or at a special meeting legally 
called, and of which all the directors had legal notice. 

8. When a teacher begins work without having entered 
into a definite verbal or written contract with the school 
board which employs her, she has a right to leave the school 
at any time, and the school board has the right to discharge 
her at the end of the first month's work, and also to employ 
another teacher. 

9. A school board can hold a teacher to a contract for 
the time therein agreed. 

10. In case of two members of the board at a legally 
held meeting of the board voting a certain sum as the 
teacher's salary, written notice of such action being sent 
to the teacher, the notice is binding upon the board and 
equal to a contract. 

11. If a school board makes a legal contract, either 
verbal or in writing, with a teacher, providing for his re- 
election and specifying the salary he is to receive, the board 
could not at a later meeting change its action without cause. 

12. An oral contract made between a teacher and a 
school board is as binding as a written one if each party can 
prove its terms of the contract. 

13. Under a written contract with a school board to 
teach a stated length of time, a teacher is entitled to co-m- 
pensation for the full time. 

14. The board of directors has exclusive jurisdiction in 
the employing and discharging of teachers. 

15. A contract between a teacher and his substitute 
is not binding upon the board of directors. 

16. If a teacher is not competent to conduct a school, 
the school board is not bound by the contract. 

17. When a contract is reduced to writing, it is sup- 
posed to express the intention of the parties, and when 
such intention is clear, it cannot be changed by oral evi- 
dence. 

18. The directors of a district have no legal right to 
make a contract with a teacher to pay wages in excess of 
the revenues for the year. 

38X 



§383 TEACHERS 

19. If a teacher receives from the secretary of a school 
board, in pursuance of an order of the board, a letter 
notifying him of the length of term and salary, such noti- 
fication would stand in law as a contract should the teacher 
accept. 

20. A verbal promise given to a teacher by members 
of a school board at other than a regularly called meeting 
is not in any way binding upon the board; and the mem- 
bers have a legal right to engage some other person when 
a regular meeting of the board is held. 

21. When a teacher enters into a contract with a 
board of directors to teach a certain number of months it 
is understood that customary vacations may intervene, 
even though not specified in the contract; and the teacher 
is not entitled to compensation for said vacations he being 
required to teach the full number of months specified in 
the contract, excluding such vacations; this however does 
not include legal holidays coming within the school week 
for which the teacher is entitled to pay unless otherwise 
expressly stated in the contract. 

No compensation ivithout license. 

22. It w^ould be illegal for a school board to pay the 
teacher, unless she was provided with a certificate issued 
in the county, or with certificate recognized in some way 
by the county superintendent. 

23. Any elector of the district or the county superin- 
tendent of the county, through legal process, may prevent 
the board from paying out money as w^ages to a teacher 
when she does not possess the necessary license. 

24. It is a violation of the law to endorse county 
teachers' certificates issued in this or any other state, if 
the certificate be not in full force at the date of such 
endorsement. Should the board employ a teacher without 
a license to teach, all claim to compeiisation on the school 
fund for the term will be forfeited. 

25. It would be illegal for the school board to pay 
the teachers unless they are provided with certificates 
issued in the county or with certificates recognized in some 
way by the county superintendent. Any elector of the dis- 
trict or the county superintendent can, through legal pro- 
cess, prevent the board from paying out money as wages 
to teachers without the necessary certificates. 

Salai'y. 

26. The only way by which a teacher's salary can be 
legally increased, during the term for which she is em- 

382 



TEACHERS ' §383 

ployed, would be at a regular or special meeting of the 
school board. 

27. A teacher's only recourse against a school board 
that refuses to issue a warrant for salary is through the 
courts. 

28. A teacher is under no obligation to make up time 
lost when school is closed for the purpose of repairing 
buildings. If a teacher absents himself a day or more 
from his work, he himself being responsible for the loss of 
time, he must make good the loss of time or forfeit his pay. 

29. A school board cannot compel a teacher to make 
up time lost during the time a school was closed because 
of the prevalence of a contagious disease; Provided, the 
teacher holds himself in readiness to teach, subject to the 
order of the board. 

30. A teacher can draw her wages during the time 
that a school is closed on account of an epidemic. 

31. A teacher is not entitled to receive pay for the 
time lost while attending a teacher's examination. 

32. If the directors authorize the use of the school 
house for election purposes, the teacher is entitled to pay 
for time thereby lost. 

33. If a teacher is ready to begin school at the timo 
specified in his engagement, and owing to neglect of duty 
on the part of the school board, cannot do so, he is not 
compelled to make up the time thus lost, but is entitled 
to his salary from the time specified in such engagement. 

34. If, with the consent of the directors a teacher 
holds school on a legal holiday to make up for a day lost, 
the teacher is entitled to pay for the full month. 

35. There is no law authorizing a teacher to draw his 
salary for two weeks spent in attending the normal insti- 
tute. 

36. The board of directors has no right to deduct 
from a teacher's salary for legal holidays occurring during 
the school term. 

37. If the board of directors closes the term of school 
before the expiration of the time contracted for, the teacher 
being ready to fulfill his part of the contract, the board is 
liable for the teacher's salary for the" full term agreed upon. 

38. A teacher may collect salary to the amount of 
actual damage suffered by the failure of the board of di- 
rectors to fulfill its part of the contract. 

39. A teacher may collect salary for the number of 
months specified in the contract entered into with the board 
of directors of the school district where he teaches; 
Provided, The directors have not contracted with the 

383 



§383 TEACHERS 

teacher to pay wages in excess of the revenues for the 
year. 

40. Under a written contract with a school board to 
teach a stated length of time, a teacher is entitled to com- 
pensation for the full time, although the school should 
lapse by reason of the residents leaving the district; 
Provided, The teacher has fulfilled her part of the contract 
and expresses her willingness to complete the requirements 
of her agreement. 

41. To be entitled to his salary for the day, the 
teacher should remain in the school room after the hour 
of opening, both forenoon and afternoon, a sufficient time 
to determine that no pupils will be in attendance. 

42. A teacher having agreed upon a stipulated salary 
can receive the same only by warrants drawn by the dis- 
trict secretary, and must take them for what they are 
w^orth. It would not be proper for the board to make up 
any discount therein by an additional warrant. The board 
might however increase the salary at a regular meeting so 
as to cover such deficiency. 

43. When school district warrants are sold at a bank 
or elsewhere and a discount is charged, the holder of the 
warrant must bear the loss. 

44. Where a county superintendent calls a county 
institute or teachers' association, he has not the right to 
rule that the district must pay the teacher the same, as if 
she had taught school, although the school board has the 
right to allow the teacher such time and pay her for 
it upon the request of the county superintendent. The 
authority in the matter rests with the district board. 

45. The law makes no provision concerning a secre- 
tary sending a teacher her warrant, but it would be ad- 
visable for the members of the board to sign these war- 
rants at their meeting and send the same to the teacher. ' 

Employment. 

46. Since the law gives the board the right to employ 
and discharge teachers and to fix and order their wages, 
the electors of the district could have no voice in the 
matter, and while the patrons of the school would have a 
right to circulate a petition requesting the board to en- 
gage a certain teacher, the board would have the right to 
ignore the petition if they desired to do so. 

47. A school board has the absolute right to engage 
the teacher, or teachers, for the school district. The fact 
that a majority of the taxpayers sign a petition making a 
protest against the selection made by the board cannot 

384 



TEACHEns § 383 

in any way affect the legal right or the action of the board 
in the matter of the appointment of a teacher. 

48. One member of a school board cannot legally em- 
ploy a teacher except when ordered to do so by board or at 
a regular or special meeting. 

49. If a misunderstanding occurs as to the employ- 
ment of a teacher and two of the board refuse to enter into 
a contract with the teacher who was chosen by the other 
member, the teacher could not legally claim her appoint- 
ment. 

50. In case a summer school is to begin in a district, 
either before or on the day upon which the annual election 
is held, it would be legal for a board to engage a teacher 
for such a school. 

Special suhjects required. 

51. The law makes the same requirements of the prin- 
cipal or teachers of a county high school as of any school 
of high grade. Therefore, a special certificate covering the 
high school branches must be obtained by the applicant 
who expects to teach in a county high school. 

52. It is the duty of the teacher to teach whatever 
branches may be specified by the school board, since that 
body is given the right to establish a course of study for 
the school of its district. If the teacher has failed to teach 
the branches requested by the board, it would probably not 
be suflacient reason for the board's refusing to sign the 
warrant for her services as teacher for the time she has 
been employed in the school, yet it is possible that it might 
be held as sufficient grounds for the dismissal of said 
teacher. 

53. If a teacher has been employed to teach a certain 
department of a school, the school board would not have 
the right to close another department and require one 
teacher to do the work of both departments, unless such 

\\ an arrangement had been made in the contract entered into 

>\ between the teacher and the board. 

1 54. A teacher cannot be required to teach instru- 

1 mental music in a school, as the branch is not one in- 

ij eluded in the requirements of a common school course. 

I j Dismissal. 

55. A school board may dismiss a teacher for incom- 
petency or immorality. A county superintendent may re- 
voke a certificate of any kind at any time for immorality, 
incompetency or any just cause. 

56. The laws of this state make it impossible for a 
school board to discharge a teacher without some cause 



385 
13 



J 



§ 383 TEACHERS 

that would be considered in the court a suflacient reason 
for breaking the contract between the teacher and the 
school board. Incompetency, immorality, drunkenness, etc., 
are the reasons that have been held sufficient. 

57. A teacher cannot be legally dismissed before the 
expiration of the time for which she is engaged ^'without 
good cause shown," and if so dismissed she can collect 
full salary; Provided, She holds herself in readiness to 
fulfill her part of the contract. 

58. Two members of a school board have the right to 
dismiss a teacher for cause, providing their action is taken 
at a regular or special meeting of which all members of 
the board have notice. 

59. A teacher cannot be legally dismissed before the 
expiration of the time for which he is engaged, without 
good cause shown, unless there is a clause in the contract 
making provision for such contingency. 

60. The school board has in its power to dismiss a 
teacher for incompetency or immorality. But *'no teacher 
shall be dismissed without good cause shown, and such 
teacher shall be entitled to receive pay for services 
rendered." In order to make good charges of immorality 
specific acts must be declared and supported by affidavits 
of witnesses. The possession of a proper certificate of 
qualification is prima facie evidence of competency and 
fitness. The law provides that a county superintendent 
"may revoke certificate of any grade at any time for im- 
morality, incompetency or any other just cause." If satis- 
fied that the charges can be sustained by proof, the proper 
course for the board is to bring the matter to the atten- 
tion of the county superintendent, with a request that he 
make use of the power granted him by the law. 

61. A certificate to teach cannot be revoked by a 
county superintendent without having good and sufficient 
reasons for so doing. Alleged exorbitant wages named in a 
contract between him and the directors of a district would 
not be lawful reason for revoking a certificate, unless fraud 
of some kind could be shown. 

62. If a teacher employed in the schools is incompe- 
tent to give instruction in any of the subjects provided in 
the course of study for that district, the board of directors 
would have cause for discharging such teacher. 

Expiration of certificate. 

63. A teacher cannot legally teach two months after 
her certificate has expired. In case of the employment of 
a teacher under such conditions, any elector could make 

386 



TEACHERS § 383 

legal objection to her receiving payment from the school 
funds, and a school board responsible for the payment of 
her wages under such conditions would be liabfe for the 
amount of the wages. 

64. It is not legal for a school board to engage a 
teacher who has no certificate, or whose certificate has ex- 
pired, permitting her to open a school, except under the pro- 
visions of the law permitting a teacher to teach one month 
after the expiration of her certificate. 

G5. Permission to teach one month after the expira- 
tion of certificate is for the purpose of providing against 
closing the school in case of the failure of the teacher to 
obtain certificate at the last county examination. 

Authority over pupils. 
QG. Respecting the jurisdiction of teachers over pupils 
on their way to and from school, it has been recognized 
that the authority over pupils is joint and equal with that 
of the parent. However, authority over pupils when not 
on the school premises should be confined to protecting and 
promoting the welfare of the school. The teacher should 
seek the co-operation of the parent, if possible, in the gov- 
ernment of a child to and from school, for the sake of 
avoiding unnecessary friction. 

Pupils — admittance to grade. * 

67. A school board has the right to make the regula- 
i tions concerning the admittance of pupils to a certain grade 
I of the school when the fall term commences, said pupils 
\ having failed to pass the examination given in the spring, 
i and also to authorize the principal to make such rules and 
) regulations and to enforce them as if made by the board 
/ as a body. 

' Janitor work not required of teacher. 

i 68. A teacher is not required to do janitor work in 

■! this state unless the contract into which he has entered 
<\ with the district board distinctly states that such be the 
R case. 

I Married women may teach. 

i 69. While the law does not state that married women 

>| living with their husbands shall be allowed to teach, there 

i is no law prohibiting any person eighteen years of age, 
!j who can obtain a certificate, from teaching, save when a 
y\ member of the school board. 

' Relatives of directors may teach. 

I 70. The laws of Colorado do not make it illegal for 

' members of school boards to vote for relatives of any 

! degree as teachers. 

387 



§384 TEACHERS 

71. The fact that a parent is a director upon the 
school board would not prevent a daughter who has a 
legally issued certificate from being eligible to a position 
as teacher in the district. 

Husband and wife teach in same school. 

72. The laws of Colorado do not in any way prohibit 
a husband and wife from teaching in the same school. 

384. Teachers to keep register — statistics — 
blanks. It shall be the duty of the teacher of every 
public school in this state to keep, in a neat and 
businesslike manner, a daily register in such form 
and upon blanks as shall be prepared by the super- 
intendent of public instruction. At the close of each 
term of school, not to exceed four months, the 
teacher shall file the summary in such register, and, 
in ungraded schools, file the register with the secre- 
tary of the district, who shall preserve the same ; in] 
graded schools the register aforesaid shall be filedl 
with the principal or superintendent of the district,] 
in which case said principal or superintendent shall 
make an abstract of the summaries of all such reg- 
isters upon blanks prepared by the superintendent 
of public instruction, and file the same with the sec- 
retary, which shall also be preserved. The teacher, 
principal or superintendent, as the case may be, who 
is in charge of the last term of school in any school 
year, shall file with the secretary a summary of the 
statistics for the year, as shown by the summarized 
reports of all the terms during the year. The prin- 
cipal teacher of every public school, within one 
week after the beginning of each term, shall noti- 
fy the county superintendent of the date of such 
beginning and the proposed length of the term.^ 
Nothing in this section shall be construed to prohibit 
any district board from requiring teachers, prin- 

38$ 



TEACHERS §384 

cipals and superintendents to keep any additional 
registers and records of statistics which such board 
may deem advisable. Until the registers, summaries 
and abstracts herein above described have been filed 
as aforesaid, it shall be unlawful for the officers of 
any district to draw a warrant for the last month's 
salary of any teacher, principal or superintendent 
whose duty it is to make and file such register, sum- 
mary or abstract. All blanks required in the execu- 
tion of this section shall be supplied by the super- 
intendent of public instruction to county super- 
intendents, and by them to district secretaries. 
—R. S. 5995 

Forfeiture of salary upon failure to make report. 

1. Teachers should submit records of statistics or 
summaries as required, and unless they are duly filed, they 
cannot draw the last month's salary. 

2. No part of the last month's salary of a teacher 
should be paid until the reports required by law are made 
and filed according to' specifications. 

3. In a district where there are two schools, the dis- 
trict teachers should send in separate reports to the county 
superintendent and secretary. 

4. It is the duty of every teacher to keep a daily 
register and at the close of each term of school, not to 
exceed four months, fill the summary in such register, and, 
in ungraded schools file the register with the secretary of 
the district, who shall preserve the same. 

Jurisdiction of teacher. 

5. A teacher has power to temporarily suspend a 
pupil, at least long enough to notify the board of the 
causes, and ask that such pupil be suspended, and the 
board would be justified in acting on such recommendation 
although the teacher would have no power himself to make 
such suspension. 

6. In the absence of any rules and regulations pre- 
scribed for the government of the schools by the board of 
directors, it is within the power of the teacher to make 
such reasonable rules and regulations, and to enforce them, 
in the same manner, subject always to the supervision of 
the board of directors. 

389 



§384 TEACHERS 

7. A teacher has a right to compel the pupils in the 
respective grades to take all the studies prescribed for that 
grade, unless rules of the school board are in existence 
which would excuse a pupil for valid reasons. 

8. It is the teacher's right to estaiblish any regulations 
for the discipline of the school that are not in conflict 
with the already established rules of the school board. 

9. When" a pupil leaves school, taking his books with 
him, it being understood that he has permanently left the 
school, his. name should be imm,ediately dropped, instead 
of being counted as a member for tliree days after his 
departure. • ' ' ' [. 

10. The teacher of a public school has control to a 
reasonable extent of a child during school hours and while 
on the school grounds. A child would not have the right 
to leave the school grounds after he has reached the school 
in the morning or to leave the grounds at noon if he did 
not go to his home at noon, but remained in the school 
house. 

11. Respecting the jurisdiction of teachers over pupils 
on their way to- and from school, it may be stated that the 
legal decisions in the majority of states recognize the 
authority of the teacher as concurrent — ^that is, joint and 
equal-— with that of the parents. In some states, decisions 
have been made which give the school authorities some 
control over pupils and their conduct after they have 
reached home from school. However, authority over pupils 
when not on the school premises should be confined to 
protecting and promoting the welfare of the school. Such 
acts only as directly affect harmfully the discipline and 
teaching of the school should be taken cognizance of. For 
example, truancy, wilful tardiness, quarreling with other 
children, the use of indecent and profane language, etc. 
The teacher should seek the co-operation of the parent, if 
possible, in such matters, for the sake of avoiding unneces- 
sary friction. 

Duties. 

12. It is the duty of the teacher to teach high school 
studies when such studies are prescribed by the board of 
directors as a part of the course of study at the time of 
entering into the contract. 

13. The teacher has a right to her hour's intermission 
at noon, providing she teaches the requisite six hours 
through the day. She is required to teach school from 9 
a. m. until 4 p. nj., unless the board gives her permission 
to finish at an earlier hour. 

390 



TEACHERS § 385 

Special teacher. 

14. The law makes no provision whereby the board of 
directors of a district can appropriate school money to pay 
a special teacher for the pupils of said district who are 
unable to attend the regular school. 

Directors' power over teacher and pupils. 

15. Under the constitution and laws of this state the 
board of directors of any district have power to establish 
reasonable rules and regulations for the government of the 
schools under their charge, for controlling the conduct of 
teachers and pupils, not only while in the school room, but 
while going to and from the school, and such reasonable 
rules and regulations may be enforced by suspension, ex- 
pulsion or corporal punishment, as the board of directors 
may determine. 

Dismissal. 

16. In order to make good charges of immorality or in- 
competency, specific acts must be declared and supported 
by affidavits or witnesses. If satisfied that the charges can 
be sustained by proof, the proper course for the board is 
to bring the matter to the attention of the county super- 
intendent, with the request that he use the power granted 
him by law. 

Physician's certificate not required. 

17. There is no law requiring a teacher to have a 
physician's certificate of good health. This matter is gov- 
erned by the board of directors. 

Unaccepted papers from another county. 

18. Neither the state superintendent of public instruc- 
tion nor the state board of education have the power to 
compel a county superintendent to recognize examination 
papers prepared under the supervision of the county super- 
intendent of another county, as this is a mere matter of 
comity and is not sanctioned by law. 

TEACHERS' RETIREMENT FUND 

385. Teachers' retirement fund under control of 
directors. In every school district of the first class 
H there may be created a school teachers' retirement 
fund, which shall be controlled by the board of 
school directors of the school district concerned. 
~8. L. '09, p. 512 

391 



§§ 386-387 TEACHERS 

386. Payable to whom. The board of directors 
in any such district is hereby authorized to estab- 
lish a public school teachers' retirement fund, and 
shall be authorized to pay out of such fund a sum 
not to exceed forty dollars per month to any 
man teacher sixty years of age or any woman 
teacher fifty-five years of age, who has been in active 
service as a teacher for a period of twenty-five 
years, of which not less than fifteen years shall have 
been within said school district. 

The board of school directors of any such dis- 
trict may also, subject to the above limitations, 
make provisions for such teachers as may become 
permanently incapacitated from teaching, while in 
the service of the district ; Provided, however. That 
the said beneficiary shall have served in the school 
district for a period of not less than ten years. 

Any teacher of such school district coming under 
the provisions of this act who may, by making ap- 
plication, or by action of the board of school direct- 
ors, be entitled to receive the benefit from the pub- 
lic school teachers' retirement fund as provided for 
in this act shall not be entitled to receive benefit 
while drawing a salary as a teacher in active service. 

— iSf. L. '09, p. 512 

387. Mode of securing fund. The moneys for 
the use of the public school teachers' retirement fund 
shall be secured by a special levy upon the said 
school district, such special levy, however, not to 
exceed one-tenth of one mill, and from any gifts 
or bequests which may be made to said fund. 
— ^S. L. '09, p. 513 



392 



APPENDIX 



FORMS 

FOR THE USE OF SCHOOL OFFICERS AND TEACHERS 



No. 1. Oath of School Officers. 

(See §§83, 93 and 111.) 

State of Colorado, I 
County of \ 

I, , do solemnl}' swear (or affirm) that I 

will faithfully perform the duties of of school 

district No , in the county of_ : to the 

best of my ability; that I will carefully keep and preserve 
all records, books and other property of the said district that 
may come into my hands, and deliver the same to my lawful 
successor in office; and that I will support the constitution 
of the United States and of the state of Colorado, so help me 

God. 

[SealJ 

Subscribed and sworn to before me this '. day 

of , 19 



Note. The foregoing oath should be taken before a county 
superintendent, notary public, justice of the peace, or some 
officer duly authorized by law to administer oaths. The county 
superintendent's oath should be filed with the county clerk 
within thirty days after his election, and the oath of district 
officers should be filed with the county superintendent within 
thirty days after their election. 

No. 2. Oath of Judges of Election. 

do solemnly swear (or affirm) that I 



will perform the duties of judge of election according to law 
and to the best of my ability; that I will studiously endeavor 
to prevent fraud, deceit and abuse in conducting same; that 
I will not try to ascertain how any electors shall vote, and if 
in the discharge of my duties such knowledge comes to me,' 
I will not disclose the same unless required to do so in some 
court of justice, so help me God. 



Subscribed and sworn to before me this day 

of , A. D 

Judge^ 
395 



APPENDIX— FORMS 



No. 3. Oath of Witness on Appeal to County Superintendent. 

You do solemnly swear (or affirm) that in the matter of 

the appeal of from the decision or order 

of the board of directors of school district No , of 

county, Colorado, now being heard by 

the county superintendent of schools of said county, you will 
tell the truth, the whole truth, and nothing but the truth, so 
help you God. 

Note. Section 10 provides that this oath may be adminis- 
tered by county superintendent if necessary. 



No. 4. Oath of Witness on Appeal Before State Board of 
Education. 

You do solemnly swear (or affirm) that in the matter of 

the appeal of_ from the decision of the 

county superintendent of schools of county, 

Colorado, now being heard before the state board of educa- 
tion of said state, you will tell the truth, the whole truth, 
and nothing but the truth, so help you God. 

Note. Section 9 provides the state board of education shall 
have power to administer oaths through its president. 



396 



APPENDIX— FORMS 



No. 5. County Superintendent's Bond. 

(See §83.) 

Know all men by these presents, That we, 
and , of the county of 



and state of Colorado, are held and firmly bound unto the 
people of the state of Colorado, in the full and just sum of 

dollars, lawful money of the United States, to 

which payment, well and truly to be made, we bind ourselves 
jointly and severally, our joint and several heirs, executors 
and administrators, firmly by these presents. 

In witness Whereof, We have hereunto set our hands 
and seal this day of , A. D. 19 

The condition of the foregoing obligation is such, That, 

whereas, the above bounden was, 

on the day of , A. D. 19 , duly 

elected (or appointed, if that be the case) county superin- 
tendent of schools of the county aforesaid, for the term of 
two years; 

Now, therefore, if the said 

shall faithfully perform all the duties of said office, accord- 
ing to the laws which now are, or may hereafter be in force, 
and shall render a just and true account of all money or 
other property which may come into his hands or under his 
control as superintendent of the schools of said county, and 
shall deliver over to his successor in office all moneys, books, 
papers and property in his hands as such county superin- 
tendent, then this obligation shall be void; otherwise it shall 
remain in full force. 

[Seal] 

[Seal] 

[Seal] 

"Signed, sealed and delivered in the presence of 



Note. The penal sum named in the bond is to be fixed by 
the board of county commissioners, but in no case shall the sum 
be less than $2,000. 



397 



APPENDIX— FORMS 



No. 6. 



To_ 



Petition of Parents and Guardians Who Desire to Form a 
New District from Parts of One or More Old Ones. 



<See§131.) 



County Superintendent of Schools of . 
Colorado. 



County, 



We, the undersigned, residents of district (or districts) 

No. , respectfully represent that we desire to form a 

new district, with boundaries as follows, viz.: [Here de- 
scribe the proposed bounds, following government lines as 
far as practicable.] We further declare that, collectively, 
we are the parents or guardians of at least ten children f 
school age, and we hereby certify that the list of names of 
persons of school age which is attached to and made a part 
of this petition, is a correct list of all such persons residing 
in the proposed district. 



NAME. 



NAME. 



NAMES OF PERSONS OF SCHOOL AGE. 



Note. Give postofRce address of signers. The list of children 
should be carefully filled up by some person interested in the 
change before the paper is circulated for signatures. 



398 



APPENDIX— FORMS 



No. 7. Order Directing a Petitioner to Give Notice of IVieeting to 
Form New District. 

(See §131.) '^ 

Office of 

County Superintendent of Schools, 

County Colorado. 

To 

You are hereby nctified that I have received a petition 
signed by yourself and others, informing me that you desire 
to form a new school district of the territory described as 
follows, to-wit: [Description as above.] In order that the 
wishes of the residents of said proposed district may be 
ascertained, you will please notify, by personal service as far 
as convenient, each elector residing therein, and also post 
notices in three public places (one of which shall be the 
place of meeting) that such a petition has been made, and 
that a meeting will be held, naming the time and place of 
such meeting, to determine whether such district shall be 
formed. You will, also, please notify me by mail of the time 
and place of such meeting. 

Respectfully yours. 



County Superintendent. 

Note. In the formation of a new district, every step should 
|be strictly in accordance with the law, and the notices posted 
should contain a clear description of the proposed district. 



399 



APPENDIX— FORMS 



No. 8. Notice for a Meeting to Organize a New District. 
SCHOOL DISTRICT MEETING. 
To ALL WHOM IT MAY CONCERN I 

Whereas, It is proposed to organize a new school dis- 
trict in that part of County described as 

follows, to-wit: [Description.] Notice is hereby given, as 
per direction of the county superintendent of public schools 
of said county, that a meeting of the electors residing within 

the boundaries aforesaid will be held at on 

the day of , A. D. 19 _, at 

o'clock m., when a vote will be taken by 

ballot on the question whether or not the proposed district 
shall be organized. If the vote shall be in the affirmative, a 
board of directors will then be elected. 

By order of County Superin- 
tendent of Schools. 



Dated , 19 . 

Note. After the organization, a copy of the notice and of the 
proceedings of the meeting should be sent to the county superin- 
tendent. 

The ballot box should be kept open long enough to give every 
elector an opportunity to vote — never less than three hours. 

If the proceedings were in accordance with the law, the 
county superintendent should number and record the district, 
and notify the secretary of his action. 



400 



APPENDIX— FORMS 

No. 9. Recording Proceedings of a Meeting Held for the Purpose 
of Organizing a New School District. 

(See §§131 and 132.) 

, 19 

On the day of , 19 , a 

petition, of which the following is a true copy, was made to 

, county superintendent of public school 

of County, to-wit: (Here copy the petition.) 

Whereupon the said county superintendent issued an order, 
of which the following is a copy, to-wit: (Here insert copy 
of the order.) In obedience to which order the following 
notice was posted, as required by section 131 of the school 
law, to-wit: (Here insert a copy of the notice.) 

In pursuance of the above notice, the electors of the pro- 
posed new school district assembled at at 

o'clock m. The meeting was called to order by 

, and, on motion, was 

elected chairman, and secretary. 

On motion, was elected to act with 

the chairman and secretary as judges of election. On motion 

of , the electors began to vote by 

ballot upon the question of forming a new school district. 
The ballot box remained open for the reception of votes from 

o'clock m., until o'clock m. Upon 

counting the ballots it was found that ballots 

were cast, of which were in favor of the organi- 
zation and against. 

On motion of , the meeting 

proceeded to elect, by ballot, a board of directors. The fol- 
lowing are the names of the persons voting: (Here record 
the names of persons voting.) The ballot resulted in the 

election of . , president; . 

, secretary, and , treas- 
urer, etc., etc. 

On motion of : the meeting 

adjourned sine die. 

Attest: , Chairman. 

Secretary. 

Note. A copy of the proceedings should be sent to the county 
superintendent, together with the certificate of some elector, that 
the notice of the meeting was posted in three public places, as 
required by law. The person who posted the notice should sign 
the certificate of posting. 

If the district is formed from unorganized territory, the sec- 
retary must send with this report a certified list of the names of 
persons of school age residing in the district. 

A permanent record of the proceedings should be made in the 
secretary's books. 

401 



APPEND IX— FORM S 

No. 10. Bond to Be Given by the Secretary or Treasurer of Each 
School District. 

(See §111.) 

State of Colorado, ^ 
County of I 

Know all men by these presents, That we, 

, principal, and , and 

sureties, are held and firmly 



bound unto School District No. . \ , in the County of 

, state of Colorado, in the full sum of 

dollars, lawful money of the United States, 



to which payment, well and truly to be made, we bind our- 
selves jointly and severally, our joint and several heirs, 
executors and administrators, firmly by these presents. 

In witness Whereof, We have hereunto set our hands 

and seals this day of , A. D. 

19 

The condition of the foregoin(^ odj.ication is such, 

That, whereas, the above bounden 

was, on the day of , A. D. 19 

duly elected (or appointed) Secretary (or Treasurer) of 

School District No. , in the county of ^ , 

and state of Colorado, for the term of 

Now, therefore, If the said and 



shall faithfully discharge all the duties of said office, accord- 
ing to the laws which now are, or which may hereafter be 
in force, and shall faithfully apply all moneys which may 
come into his hands by virtue of said office, and shall deliver 
over to his successor in office all moneys, books, papers and 
property in his hands as said officer, within ten days after 
the same shall have been demanded l3y such successor, then 
this obligation shall be void; otherwise it shall remain in 
full force. 

- _- [Seal] 

: [Seal] 

[Seal] 



Signed, sealed and delivered in presence of 



Note. The penal sum named in the above bond should be at 
least twice the amount likely to be in the hands of the officer at 
any one time during the term of oflice, and the bond must be 
filed with .the county, superintendent. 

402 



APPENDIX— FORMS 

No. 11. Request to Be Made by Ten Legal Voters of • District to 

the Board of Directors, for the Calling of a Special IVleeting. 

(See §113.) 

To the Board of Directors of School District No. , in 

County, Colcrado: 

The undersigned, legal voters of school district No. 
in ^ County, Colorado, request you 



to call a special meeting of said district for the purpose 

of - 

Dated this day of , A. D. 

19__ 



NAME. 



NAME. 



No. 12. Notice of Special Election. 

(See§§ 144 and 148.) 

Notice — A special meeting of the legal voters of School 

District No. , in the county of , called 

on the written request of ten legal voters (or called by the 
district board, as the case may be), will be held at (the 

district school house or other place) on the day of 

, 19 , at o'clock (p. m.), for 

the purpose of (here specify every item of business that is to 
be brought before the meeting). 



Secretary. 
Posted . , 19 

Note. This notice should be posted at least twenty days pre- 
vious to the meeting, in three separate public places within the 
district, and additionally at each school house. 

Business not specified in this notice can never be lawfully 
transacted at such special meeting. 

If such special meeting is for election of school officers, the 
polls should be kept open not less than three hours, and the time 
of opening and closing should be mentioned. 

403 



APPENDIX— FORMS 

No. 13. Notice of Annual Election Second and Third Class 
Districts. 

Notice is hereby given, That the annual meeting of the 

legal voters of school district No. , in the county 

of , will be held (at the school house or other 

place; or, if more than one voting place, specify each place 

and boundaries of such precincts), on Monday, the 

day of May, 19 , for the purpose of electing (one or more) 

directors, as provided by law. 

The ballot box will be opened at the hour of 

m., and close at the hour of m., and at m. 

the meeting will be organized for the transaction of any 
other business pertaining to school interests that may be 
brought before it. 



Secretary of School District No. 

County of 

Pasted April , 19 



I 



Note. The se':^retary of the district should give at least six 
days' previous notice of the regular meetings of the district (see 
section 142), and should post the notices in the same manner as 
for special meetings, and the ballot box must be kept open not 
less than three hours. 

No. 14. Notice of Biennial Election (First Class Districts). 

Notice is hereby given, that the biennial election of the 

legal voters of school district No. , in the county 

of , state of Colorado, will be held (men- 
tion different polling places and define bo-undaries of each 

voting precinct) on Monday, the day of May, 191 , 

for the purpose of electing members of the 

board of education as provided by law. 

The ballot boxes will be opened at 7 o'clock a. m. and 
close at 7 p. m. of said day. 

Dated April , 191 



Secretary of the Board of Education 

of School District No. 

County of 



Note. This notice shall be posted in at least three public 
places, and, additionally, published weekly for the four weeks 
next preceding such election in some newspaper published in the 
district; and, in districts having a school population of over three 
thousand, shall be posted and published for a period of eight 
weeks next preceding such election. 

404 



APPENDIX— FORMS 



No. 15. Recording Proceedings of a Regular or Special Meeting 
of the District. 

The regular (or special, as the case may be) raeeting of 
schaol district No. , in county, Colo- 
rado, convened at , at o'clock (p. m.), 

pursuant to previous notice given by the district secretary. 

The meeting was called to order by the president. 

The secretary being absent, on motion of Mr. , 

was elected secretary pro tern. 



Mr. moved that a tax of two mills on the 

dollar be voted for the purpose of building a school house 
for the district. 

Mr. moved to amend by striking out "two" 

and inserting "five," which was agreed to, and the mortion as 
amended was decided in the affirmative. 

Mr. moved that a tax of one mill on the 

dollar be levied for the purpose of defraying the contingent 
expenses of the district. 

Motion carried. 

On motion of Mr. the meeting adjomrned 

sine die. 



President. 

Attest: , 

Secretary. 

Note. Forms 9 and 15 are given with a view of assisting the 
inexperienced. Persons familiar with such duties may vary the 
form, provided that the proceedings are accurately recorded. 

Much depends on the record of the proceedings of the district 
meeting, hence it should be correctly made and carefully pre- 
served. 

Under the law, the voting of a tax for any purpose must be, 
in each year, "On or before the day designated by law for the 
county commissioners to levy the requisite taxes for the then 
ensuing year," and school boards certify the same to the county 
commissioners. 



405 



APPENDIX— FORMS 



No. 16. County Superintendent's Notice of Apportionment to thf 
District Secretary. 

• Office of 

County Superintendent of Schools, \ 
: County, Colorado, 

To ____^ __, 



Secretary of School District No. __. , 

In County: ; . 

'You are hereby notified that I have this day apportioned 

to your district the sum o-f dollars, of the ger 

eral school fund, which amount has been placed to the credi| 
of your district on the books of the county treasurer. 



County Superintendent. 

Note. This notice should be sent immediately after eacfl 
apportionment. 



406 



APPENDIX— FORMS 



No. 17. Teacher's Contract. 

M 

At a regularly called meeting of the Board of Directors 

of School District No. , in County, 

Colorado, held this . day of , 191 , 

you were employed to teach in the public school of said dis- 
trict for the period beginning Monday, 191 , 

and ending , 191 , at a salary of 

dollars per school month, payable monthly in school war- 
rants as provided by law. 

The conditions of your employment are that you will 
faithfully observe the rules and regulations adopted by the 
board for the government of said school; that you will exer- 
cise reasonable diligence in looking after the preservation of 
school buildings, grounds, furniture, books, and all other 
school property under your jurisdiction; that you will make 
promptly and correctly all reports of the school required by 
the county superintendent; that you will keep a correct 
register of the school, and file the same with the president or 
secretary of this board or the principal of the school at the 
close of the school year as required by law; and that you 

will hold a legal certificate of the grade, issued 

or endorsed by the county superintendent of the county. 



President. 
Attest : 



Secretary. 

I hereby accept the above employment upon the condi- 
tions stated. 

Teacher. 



407 



r 



INDEX 



Index 



Note — Numbers at right refer to sections of the laic, enabling 
act and constitution; numbers at left refer to decisions of the 
state superintendent; letters to court decisions, except the letter 
''n^-' which refers to notes, each appearing under the section of 
law as numbered at the right; and the Roman numerals refer to 
articles of the constitution only. ' - 

A 

Accounts — Section 

of district funds, county treasurer render statement .101 

of each district kept separate by county treasurer 103 

of district expenses bj' secretary -. 116 

of warrants issued by district kept by district treasurer.. 121 

of permanent school emergency fund ...167 

of fines, penalties and forfeitures 177 

Adjournment — * 

school board, meetings of 112 

of district meetings ......'.... 148 

Admission — 

to county high school 200 

to union high school 212 

to kindergarten 233 

to public schools ...........;... 2^0 

to agricultural college. 256 

to deaf and blind.. 277 

to industrial school for boys 290 

to industrial school for girls 314 

to state normal school 328-329 

to school of mines — 341 

to dependent and neglected home 345 

to state home for mental defectives — .351 

to truant school 354 

to state university 364 

Adults- 
admitted to public school, when 240 

Affidavit— 

on appeal to county superintendent — when filed — contents. 6-7 

in case of appeals 6-7-8 

of secretary to census list ,.,.,,..,.,.,. 97 

4XX 



INDEX 



Alcoholic drinks and narcotics — Section 

nature and effect of, taught in public schools 

state board of health recommend standard works n 

saloon certain distance from school a 

require study of hygiene and physiology in schools 1 

statute prohibiting sale to minors 2 

distance saloon from school building 3 

study of, enforced by school officers — penalty 2 

effects of, taught in public schools 239 

Animals- 
humane treatment of, taught in public schools. 239 

Annexation-^ 

of territory to district 133 

Annual meetlng- 

for election of members of school board 142 

of state board of education 244 

Annual report — 

of county superintendent to state superintendent 91] 

of county treasurer 101 1 

of district secretary to county superintendent 1161 

of district treasurer 121 j 

of school board to county superintendent 124] 

of teacher 384 ] 

Appeal — 

from district board to county superintendent 5 J 

courts no right to interfere a 51 

final decision can be inquired into b 5} 

affidavit 6l 

contents of affidavit 71 

superintendent notify secretary — transcript. 

notice to parties 9| 

ol 



hearing appeal — oaths 

by applicant for certificate to state board 

from county superintendent to state board — procedure. . . 

taken within thirty days — transcript 

president of board may administer oath on 

decision of board final on 

teacher discharged need not appeal a 

mandamus not control discretion. b 

courts can inquire into final decision c 

state board cannot change boundaries d 

electors fix boundaries new district e 

court can review decision state board f 

when, how and by whom taken 1-2 

from grading examination papers 3-5 

412 



INDEX 

Appeal — Continued Section 

msiy continue school during pendency of appeal 6 11 

state board may order certificate issued 7 11 

from change of boundary 8-9 11 

no judgment for money 12 

Appointments — 

of count}" superintendent in case of vacancy 85 

of district director by county superintendent 89-95 

by board in first class districts 123 

of judges and clerks of election in first class districts 142 

of members of high school committee 208 

Apportionment — 

of general fund — when no report and census list filed 120 

of state normal institute fund 176 

Apportionment of school funds — 

published 94 

by county superintendent 98 

in July — basis 99 

bg-sis of all apportionments 99 

according to census 100 

when district fails to report census 120 

first, after the organization of new district 140 

of money from unpaid special taxes due district after di- 
vision c 140 

district not having three months not entitled to 241 

to state normal school 326 

by superintendent public instruction 377 

Arbor day — 

see also Holidays 222 

Assistant librarian — 

appointment, duty, salary 378 

Attendance — 

at night school allows employment 57 

at night school equivalent to half time 73 

of pupils — stated in report of board 116 

Attorney general — 

member state board of education IX 1 

approve use of emergency fund 168 

member state board of education 243 

B 
Ballot— 

at meeting to issue bonds — form 17 

for refunding bonds — form of 38 

election of school directors by 143 

413 



INDEX 

Bible — ~ Section 

no sectarian tenets taught in school IX 8 

directors determine use of, in school 1-2 8 

no religious instruction in public schools 355 

directors determine use of, in school 355 

Biennial report — 

of superintendent of public instruction TV 17 

of superintendent of public instruction 376 

Blind- 
adult blind 280-283 

school for deaf and 271-279 

Btank books — 
see Books. 

superintendent of public instruction print and furnish 
teachers and others 375 

Blank forms — 

see Forms. 

Blanks — 

for reports supplied by superintendent public instruction. .384 

Board of county commissioners — 
see County commissioners. 

Board of directors — 

see Directors. 
Board of education — 

see State board of education. 

Bond — 

of county superintendent — amount — approval — filing 83 

of secretary of school board — conditions — approval — filing.. 115 
of state superintendent — amount — approval — where de- 
posited ■ 373 

Bonds — 

question of, submitted to voters 13 

meeting for voting — school building. 13 

meeting for voting — purchasing ground 13 

meeting for voting — funding debt -».... 13 

only tax payers vote 13 

lien law not applicable to school buildings a 13 

no provision for petition 1 13 

qualifications for voting 2-9 13 

certificate of indebtedness 10-11 13 

funding floating debts 12 13 

in consolidated districts 13 13 

in joint districts 14 13 

amount bonded indebtedness first determined 14 

414 



iNt)EX 

&onds — Continued Section 

limitation of bonded indebtedness 14 

maximum amount issued 1 14 

cannot create debt except 2-3 14 

certificate of indebtedness 4 14 

notice of election posted 15 

ballot boxes open three hours 15 

ballot box for bonds open at regular election 1 15 

number voting places first class district in 

directors act as judges IG 

judges absent, vacancy filled 16 

form of ballot 17 

challenges by electors 18 

oath when challenged 18 

returns certified and canvassed 19 

coupon bonds issued 20 

bonds payable to bearer — hov/ signed 21 

county commissioners assess tax to pay 22 

government land not taxable a 22 

surplus special fund pay past indebtedness 1 22 

board keep record 23 

auditor register bonds 23 

district in city with special charter 24 

no person vote unless registered, when 24 

no new registration required except 25 

registration for last general election 25 

registration books furnished by county clerk 26 

registration committees set, when 26 

electors not registered, how registered 26 

electors removing from precinct, how registered 27 

registration, how changed 27 

registration books kept where. ; 28 

county clerk not furnish copy 28 

petition for purging list 29 

procedure for purging list 29 

surplus fund applied on bonded indebtedness .1 30 

redemption of bonds — premium 31 

treasurer not pay more than 5 per cent premium. ... ^ .... . 31 

U. S. and state bonds purchased by treasurer. 32 

interest coupons collected by district treasurer 32 

change of boundaries not release property 33 

annexed property becomes subject to bonds 33 

government land not taxable a 33 

lands not subject to tax . 1 33 

lands subject to tax 2-3 33 

county treasurers' fees for collection of tax 34 

415 



INDEX 

Bonds — Continued Section 

refunding bonds when issued 35 

refunding bonds — interest redemption 35 

refunding bonds not exceed 8 per cent 35 

what laws apply to issue and payment — except 36 

county commissioners levy tax 37 

county treasurer collect tax 37 

submission for refunding bonds 38 

form of ballot for refunding 38 

County high school honds — 

notice of election given upon petition 39 

notice not less than 20 days 39 

person offering to vote may be challenged 39 

when challenged must take oath 39 

form of ballot 39 

bear not to exceed 6 per cent 39 

redeemable not less than 10 years 39 

payable not less than 20 nor more than 40 years 39 

may be payable where 39 

how signed 39 

registered by county clerk 40 

what stated on face 40 

commissioners levy tax 41 

principal and interest, how paid 41 

surplus, how used 41 

treasurer advertise for bonds 41 

redeemed and cancelled 41 

redeemed — go in open market 42 

change in boundary not release property 43 

property annexed subject to bonds 43 

compensation of county treasurer 44 

special meetings — purpose^notice 45 

what high school subject to act 46 

no district obliged to maintain two high schools 46 

Books — 

see Blank books. 

used in school — stated in report of board 116 

of secretary open for inspection 119 

Boundaries — 

lines of district changed — not effect bonds 33 

of school district — county superintendent make record 96 

of new district organized from old 131 

Branches — 

taught stated in report of board 116 

common, may be taught in German and Spanish when 239 

416 



INDEX 

Buildings — Section 

school buildings exempt from taxation X 5 

school buildings and lots exempt from taxation a X 5 

distance saloon from 3 1 

bonds for erecting and furnishing school 13 

lien law not applicable to a 13 

creating debt to erect or furnish 143 

general fund not used for 164 

for district high school — directors build or lease, when 220 

By-laws — 

directors make 123 

C 

Cancellation — 

of district bonds 22 

Candidate — 

for school director in first and second class districts 143 

Census — 

see School census. 

Census list — 

county superintendent examine, correct 97 

basis of apportionment for school fund 99, 100 

Certificate — 

of secretary to the record on appeal 81 

of indebtedness 10-11 13 

of attendance of child at school 56 

Certificates — 

state board grant to applicant upon appeal, when 11 

revocation of 47 

grades of — renewal — record 47 

issuance of like grade 47 

how issued in first class districts 47 

first class districts waive 47 

revoking certificate after discharging a 47 

teacher discharged only upon hearing b 47 

teacher employed without license, how c 47 

certificate not collaterally attacked except d 47 

first grade certificate — renewal 1-6 47 

experience necessary for first grade 7-10 47 

duplicates 11-13 47 

like grade 14-22 47 

renewal optional with county superintendent 23-24 47 

second grade 25-27 47 

third grade 28-30 47 

first class districts — examinations 31-38 47 

endorsement of 39-41 47 

417 
14 



INDEX 

Certificates — Continued Section 

revocation of 42-44 47 

expired certificates 45 47 

college diploma not license to teach 46-48 47 

permits not granted 49 47 

appeals from county superintendent 50-53 47 

authority of state superintendent 54-57 47 

referred certificate law 47a 

temporary , 149 

granted by county superintendent, when 149 

applicant for teacher's — pay fee 174 

state normal school diploma is — to teach 332 

expiration of, during term 383 

necessary to teach — expiration of 383 

not required, when 383 

renewal of — new 383 

Challenge — 

to fight duel— disqualify from oflftce XII 12 

at bond elections 18 

of vote at school election — oath 143 

Children- 
compulsory education IX 11 

prohibiting sale intoxicating liquors to 2 1 

unlawful to sell cigarettes to 3 

penalty for selling tobacco to 4 

Child labor laio — 

not emploj^ed under 14, when 48 

not employed under 14 in certain business 48 

not employed under 14 during school hours , 48 

certain employment considered injurious 48 

children employed in fruit orchard, etc 48 

exhibit of child under 16 — exceptions 49 

employment underground works under 16 50 

no female child under 10 sell newspapers or merchandise.. 5^ 

employer keep register 51 

school certificate required 51 

list of employed posted in work room 52 

age and school certificate 53 

age and school certificate, how approved • 54 

proof of age 55 

employment ticket 56 

form of school certificates 56 

form of age certificates. . .". 56 

illiteracy 56 

evening school 56 

schooling required 57 

418 



INDEX 

Children — Continued Section 

Child labor law — Continued 

duties of state inspectors of factories 58 

hours of labor 59 

prima facie evidence of employment 60 

enforcement of act 61 

child excepted, how 62 

application filed with superintendent 62 

hearing within 48 hours 62 

application refused — reasons furnished 62 

appeal to county or juvenile court 62 

no fee charged for application or appeal 62 

permit issued on bond 62 

permit subject to inspection by humane society 62 

permits revoked, how 62 

penalties for violation of act 63 

penalties second violation 64 

Delinquent children — 

definition of delinquency 65 

application of act 65 

evidence not used in other cases 65 

penalty for violation 66 

delinquent girls under 18 67 

Physical examinMion — 

state superintendent prepare test cards 68 

teacher or principal test sight, etc 68 

teacher report defectiveness 69 

notify parents of defectiveness 69 

parent without funds obtain county physician 69 

auditor draw warrant for expenses 70 

expense not exceed $1,000 biennial period 70 

school board provide books for indigent 124 

of county attend union high school 207 

age of 6 attend kindergarten 233 

Church — 

appropriation to, from school fund prohibited IX 7 

school fund not used for sectarian doctrines 1 IX 7 

property exempt from taxation 1 X 5 

Cigarettes — 

unlawful to give or sell to persons under 16 3 

Citizen- 
qualification of VII 1 

wife of naturalized alien is 1 VII 1 

Classes — 

of school districts - 110 

419 



INDEX 

Classification — Section 

of counties fixing compensation of countj'- superintendents 87 

Clerks — 

of election appointed in first class districts 143 

Committee — 

county superintendent ex-ofl^cio secretary 195 

of county high school 196 

term of oflfice 196 

of union high school 207 

term of members 208 

vacancies, how filled 208 

m.eetings of 209 

powers of 210 

elections of 213 

of union high school fourth and fifth class county 218 

Common schools — 

see Public schools — defined 238 

Compensation — 

of county treasurer for collecting special taxes 34 

of truant officer 75 

of county superintendent 87 

of deputy county superintendent 89 

of teacher, stated in report of board 116 

of secretary school board fix 124 

none to members of board, except secretary 124 

of deputy countj^ superintendent for holding examinations. 149 

of secretary of high school committee 208 

teacher not dismissed without receiving 383 

withheld until register is filed by teacher 384 

Compulsory education — 

provisions concerning 11 

children sent to school — exception — appeal. IX 71 

law not prohibit pupil from expulsion 1 71 

parents cannot avoid law 2 71 

law not met by teaching German 3 71 

instruction at home 4 71 

instruction in private schools 5 71 

not apply to deaf and dumb 6 71 

children under 14 not employed 72 

penalty for employing 72 

between 14 and 16 must read and write 73 

duty of employer 73 

truant defined 74 

juvenile disorderly person — defined 74 

school directors enforce law 1 74 

430 



INDEX 

Compulsory education — Continued Section 

truant officer — powers — duties 75 

truancy officer third class districts 76 

truant officer — duties 77 

conviction of parent — penalty bond defense 77 

truant officers 1 77 

juvenile disorderly person — commitment 78 

child unable to attend school 79 

violation of act — penalty 80 

second conviction — trial by jury — penalty 81 

act not apply to districts without accommodations 82 

Consolidated districts — 

consolidation defined 136 

boards may submit question 137 

call meeting to organize 138 

purchase site — transfer children 139 

Constitution — 

Executive department IV 

term of office — residence — duties — seat of govern- 
ment IV 1 

state officers — election IV 3 

eligibility — age — residence IV 4 

vacancy — governor appoint IV 6 

governor may demand information from officers. ... IV 8 
officers keep account of moneys — semi-annual re- 
ports IV 16 

officers executive department — biennial report — 

governor transmit IV 17 

officers receive salary — fees paid into treasury IV 19 

superintendent of public instruction, ex-officio li- 
brarian IV 20 

special legislation V 25 

local or special laws prohibited a V 25 

Suffrage and election VII 

citizenship VII . 1 

residence in city, town, ward and precinct n VII 1 

wife of alien when naturalized 1-2 VII 1 

absence in civil or military service VII 4 

privilege of voters from arrest VII 5 

electors only eligible to office. VII 6 

qualification of 1-5 VII 6 

prisoners disqualified — restoration — pardon or full 

service VII 10 

421 



INDEX 

Constitution — Continued Section 

State institutions VIII 

charitable institutions established VIII 1 

state institutions — properties and moneys — location. VIII 5 

location changed when a VIII 5 

classifications of appropriations b VIII 5 

internal improvement includes what c VIII 5 

Education IX 

board of education — members — president IX 1 

free schools — one in each district — three months... IX 2 

establishment of schools mandatory a IX 2 

school fund inviolate — state treasurer custodian IX 3 

county treasurer collect and disburse — warrants. ... IX 4 

school fund — of what consists IX 5 

when land will escheat to state and become part 

school fund 1 IX 5 

county superintendent commissioner of lands IX 6 

aid to sectarian schools, churches forbidden IX 7 

school district cannot make donation a IX 7 

school funds not used for teaching sectarian doc- 
trines 1 IX 7 

religious test forbidden — sectarian tenets — race — 

color IX 8 

directors determine use of in schools." 1-2 IX 8 

compulsory education IX 11 

university — regents — election IX 12 

regents elect president — powers IX 13 

regents control university — funds IX 14 

school districts — board of directors IX 15 

text books — general assembly nor board shall pre- 
scribe IX 16 

Revenue X 

exemption — lots — building for worship — schools X 5 

exemption — lots and buildings a X ,5 

income for school purposes exempt b X 5 

church property not taxable — when .^ 1 X 5 

corporations subject to tax X 10 

making profit on public money felony X 13 

school board cannot make profit of district money. .IX 13 

Puhlic indeMedness XI 

lending or pledging credit of state, county, city, 

etc., forbidden.. XI 1 

aid to corporation — interest in by school district — 

joint ownership XI 2 

loan for school buildings — vote — qualifications XI 7 

debt incurred must be by a vote of electors 1 XI 7 

422 



INDEX 

Constitution — Continued Section 

Officers XII 

embezzlement disqualifies from office XII 4 

civil officers — oath XII 8 

oath, where filed — with whom XII 9 

refusal to qualify— vacancy XII 10 

vacancy — term of officer — elected to fill XII 11 

duel — challenge — disqualifies from office XII 12 

Counties XIV 

county superintendent — election XIV 8 

vacancy appointment by county commissioners XIV 9 

elector only ehgible XIV 10 

not a taxpaj^er does not disqualify 1 XIV 10 

qualification — ceases to be director — when 2 XIV 10 

classify counties as to fees XIV 15 

Contracts — 

see Public contracts. 

Conviction — 

for second violation of compulsory education law 81 

Corporations — 

public school money not donated to a IX 7 

taxation f^r school purposes X 10 

not joint owners with district XI 2 

Counties — 

classification for regulating compensation XIV 15 

classification for regulating salary 87 

County assessors — 

arrange tax schedules — list property on ]\Tay 1st 381 

County clerk — 

levy minimum rate of tax for school purposes 380 

County commissioners — 

fill vacancy in any county office XIV 9 

levy special tax to pay interest on bonds 22 

levy tax to pay district bonds 37 

fill vacancy in office of county superintendent 85 

allow mileage to county superintendent when 87 

provide office supplies, etc., for county superintendent .. 88 

levy high school tax — limit of 205 

make appropriation for normal institutes — issues warrants. 234 
levy county school tax — increase minimum rate — levy 

special tax 379 

levy special school tax for ensuing year 381 

423 



INDEX 

County court — Section 

try parent or guardian of truant child 77 

commit juvenile disorderly person 78 

inquire into question of truancy on petition 356 

clerk of — issue writ 357 

commit from truant school to reformatory 362 

County high school — 

see High schools 190 

county high school bonds -'. 39-46 

County officers — 

election of XIV 8 

vacancy in office — how filled XIV 9 

qualifications XIV 10 

County school tax — 
see Taxes. 

County superintendent — 

electors only eligible to office VII 6 

qualification of electors 1-5 VII 6 

term office — duties — qualifications — compensation. . . IX 6 

embezzlement disqualifies from office XII 4 

oath required XII 8 

oath filed with county clerk XII 9 

vacancy — when created .■*... XII 10 

vacancy — term to fill XII 11 

election of XIV 8 

vacancy in office — how filled XIV 9 

not a taxpayer does not disqualify XIV 10 

notify secretary of appeal — advise parties of hearing 8-9 

administer oaths — decision 10 

not under judgment for money 12 

keep record of examinations and applicants 47 

revoke teacher's certificate — cause for 47 

election — term — oath and bond of 83 

qualifications 1-3 83 

act till successor qualified 84 

failure to qualify — vacancy in office — appointment 85 

when office becomes vacant 86 

classification of counties to regulate salaries 87 

not entitled to compensation — when 87 

compensation of — office hours 88 

expenses — how paid 1 88 

appoint deputy — how paid 89 

courts interfere with discretion — when a 89 

deputy — pay b 89 

fractions of day not recognized c 89 

424 



INDEX 

County superintendent — Continued Section 

deputy, compensation 1-3 89 

deputy not necessarily resident of county 4 89 

deputies and assistants — compensation 90 

deputy not necessarily resident of county 1 90 

annual report to superintendent of public instruction 91 

penalty for failure to report 92 

administer oaths 93 

duties of county superintendent 94 

keep record of books furnished school districts 94 

public apportionment of school funds 94 

sue in official capacity a 94 

electors fix boundaries new district b 94 

sale of school house — when void 1 94 

separate reports — sent to whom 2 94 

may teach 3 94 

not entitled to salary as secretary 4 94 

duties 5-6 94 

can refuse examination papers another county. ... 7 94 
illegal expenditure funds — protest — suit to recover 8-10 94 

powers 11-21 94 

appoint directors 95 

vacancies on board — how filled 1-3 95 

first class districts 4 95 

failure to hold annual election 5 95 

director must reside in district 6 95 

boundaries of school districts — record * 96 

prepare map of school district 96 

recording boundaries ministerial duty a 96 

boundaries of district 1-2 96 

examine and correct census list — ascertain deaf and blind. 97 

residence defined 1-8 97 

children's residence — where 9-13 97 

minor's residence — where 14-16 97 

renter's residence — where 17-18 97 

retain residence — how 19 97 

apportionment county school fund 98 

notify district secretary of school apportionment 98 

counties own general fund until a 98 

transference of funds 1 98 

basis of apportionment of funds 2 98 

apportionment of school funds — basis 99 

apportionment of fund for new district 1 99 

apportionment according to number of school age 100 

apportionment case removal 1 100 

maintain suit against county treasurer 102 

425 



INDEX 

County superintendent — Continued Section 

approve bond of treasurer — file Ill 

fill vacancy caused by failure to qualify. : Ill 

call meeting for organization of new district from old 131 

establish and number new district 132 

transfer to other districts 132 

annex or detach territory to district 133 

annul district and annex territory 135 

extend time for opening school in new district 135 

divide funds upon formation of new district 140 

apportion moneys from unpaid special taxes 140 

hold examination of teachers 149 

collect fee from applicant for teachers' certificate 174 

forward to superintendent of public instruction 174 

look after fines — penalties and forfeitures — report 177 

call meeting of boards of directors of county 195 

member of county high school committee — secretary 195 

fill vacancy in high school committee 196 

call board to elect union high school committee 207 

member of union high school committee 207 

select committee — add to teacher's standing 234 

report blind and deaf persons 277 

receipt for and distribute registers and blank books 375 

certify levy to commissioners 379 

County treasurer — 

duties in relation to school funds of county IX 4 

election of XIV 8 

collect special tax — cash — cancel bonds 22 

countersign district bonds 21 

compensation collecting special taxes 34 

collect taxes to pay bonds — pay to district treasurer 37 

duties of 101 

keep account of fund of each school district 101 

county o^vns general fund until when a 101 

make annual statement of school funds — to whom 101 

legal custodian of school funds 1-2 101 

keep account of school funds 3-5 101 

penalties — fines 6-7 101 

certify amount of tax collected and uncollected 102 

failure to pay over tax — penalty 102 

separate account each district — endorse warrants — pay — 

notice 103 

legal notice 1 103 

warrants 2-10 103 

county treasurer cancel all school orders 104 

school orders cancelled when paid 1 104 

426 



INDEX 

County treasurer — Continued Section 

county treasurer render quarterly statement school board. 105 

pay orders as registered 106 

county treasurer furnish blanks to district board 107 

failure to publish call for payment school warrants — mis- 
demeanor 108 

fees — school taxes 109 

transfer funds of united district 133 

retain unpaid special taxes for new district 140 

report to county superintendent amount of fines received. .150 

pay warrant from high school tax 205 

endorse rate interest on school warrants 232 

custodian of normal institute fund 234 

collect county school taxes 379 

certify amoupt special tax collected — arrange tax schedule.381 

Coupon — 

school district — bonds issued 20 

Course of study — 

school board fix 124 

D 

Deaf and blind — 

see Colorado school deaf and blind page 315 

Debt- 
contract only by vote of electors XI 7 

incurred by vote of electors 1 XI 7 

funding floating debt ^. . 12 13 

submitting question of contracting bonded 13 

election to contract — who vote 13, 143 

limitation of bonded debt 14 

Decision — 

of county superintendent upon appeal 10 

of state board of education upon appeal 11 

Deficit — 

in union high school fund 211 

Deputy — 

county superintendent appoint — compensation 89 

county superintendent maybe employed — compensation... 90 

Diplomas — 

of kindergarten teachers 233 

state, to whom issued 245 

for eminent services 246 

without examination ; 248 

temporary non-renewable 249 

revoked by state board of education 250 

427 



INDEX 

Diplomas — Continued Section 

of state normal school grant — evidence 331 

license to teach — when annulled 332 

no fee 333 

Directors — 

electors only eligible to ofRce VII 6 

qualification of electors 1-5 VII 6 

of school district — number — powers IX 15 

not make profit from district money X 13 

not make profit district money 1 X 13 

embezzlement, etc., disqualifies from office XII 4 

oath of office XII 8 

refusal to qualify — vacancy XII 10 

vacancy — term to fill XII 11 

removing from district ."*... 1 XIV 15 

name text book for studj^ of alcohol and narcotics 1 

enforce law — penalty 2 

parties aggrieved can appeal to county superintendent.... 5 

may appeal from county superintendent 11 

may refund bonded indebtedness 13 

act as judges 16 

issue bonds — interest 20 

prescribe form and sign bonds 21 

dispose of balance of special tax 31 

examine teachers in districts of the first class 47 

grant certificate — report to county superintendent 47 

in districts of first and second class appoint truant officers. 75 

in third class districts appoint truant officer 76 

county superintendent appoint to ffil vacancy 95 

county treasurer furnish blanks to 107 

board elected biennially in first class districts 110 

number — classification 110 

board elected annually in second and third class districts. .110 

number and when elected 110 

first class districts — directors — when elected n 110 

second and third class dists. — directors, when elected. n 110 

mandamus against school district a 110 

who may become 1-6 110 

no vice-president authorized 7 110 

witness fees not allowed 8 110 

secretary and treasurer — offices distinct 9 110 

qualify in 20 days — oath — treasurer's bond — failure Ill 

oath of 1-5 111 

qualify in 20 days 6-7 111 

vacancies — how filled 8-9 111 

bond of 10-11 111 

428 



INDEX 

Directors— ^Continued Section 

must reside In district 12 ill 

liold regular, special or adjourned meetings 112 

meeting place — notice 1-2 112 

call special meeting in district third class 113 

purpose of meeting 1-6 113 

notice of meeting 7-9 113 

who may call 10 113 

valid though not reported to county superintendent. 11 113 

taxes when illegal 12 113 

president presides at meetings of school board 114 

president signs orders on county treasurer 114 

president appears in suit 114 

absence beyond 30 days works vacancy 114 

secretary execute appeal bond a 114 

auditing bills against district 1 114 

district warrants 2-4 114 

suits against district 5 114 

vacancies 6-10 114 

duties of secretary — bond 115 

secretary take census 115 

census showing 1,000 — election n 115 

duties of secretary 1-3 115 

census list 4-6 115 

residence in district — how determined 7-33 115 

census of deaf and blind 34 115 

annexed territory — census 35 115 

apportionment of school fund based on census 36 115 

further duties of secretary — report 116 

secretary give notice — how 1-2 116 

valid though not reported to county superintendent. 3 116 

special tax levy 4 116 

secretary violate bond 5 116 

secretary exhibits quarterly report to board 117 

secretary keep quarterly reports and canceled orders 118 

secretary render statement — books for inspection 119 

notice of special tax 1 119 

failure of secretary to report — duty state superintendent. .120 

failure to make annual report 1 120 

treasurer countersign warrants — account — failure — penalty.121 

warrants — signing of 1-4 121 

warrants drawn for what purpose 5-7 121 

county treasurer custodian of school funds 8-9 121 

legality of interest-bearing warrants 10 121 

delinquent officers — penalties 122 

fill vacancies in boards of first class districts 123 

429 



INDEX 

Directors — Continued Section 

powers of directors 123 

power to make by-laws 123 

filling vacancies 1 123 

powers of board 2-4 123 

employ and discharge teachers 124 

enforce rules and regulations of state superintendent 124 

powers and duties 124 

when provide books — when free text books 124 

only secretary receives compensation 124 

number of teachers — length of school — opening and closing. 124 

fix course of study — exercise — text books, etc 124 

hold real estate and personal property in trust 124 

may purchase or sell lots 124 

provide school furniture — supplies for board 124 

rent, repair, insure, build or remove school houses 124 

require teachers to conform to law 124 

suspend or expel pupils — exclude from school 124 

admit pupils from adjoining district 124 

make report to state superintendent 124 

make report to county superintendent .124 

fix wages, tuition, compensation of secretary 124 

certificate obtained after commencement of school a 124 

lien law not apply school buildings b 124 

school property held in trust c 124 

injunction not' lie prevent discharge teacher d 124 

ratification of contract e 124 

contract not ma.de at formal meeting f 124 

certificate not collaterally attacked except g 124 

county superintendent sue in official capacity h 124 

teacher discharged not appeal 1 124 

teacher discharged for cause only j 124 

revoking certificate after discharging k 124 

appointment and acceptance create contract 1 124 

hire teachers 1-23 124 

teacher's report 24 124 

school furniture 25-27 124 

discharge teachers 28-33 124 

fix salary 34-40 124 

compensation allowed secretary 41-44 124 

powers of board 45-47 124 

illegal action by board 48-56 124 

vaccination authorized by county board 57 124 

tuition 58-65 124 

fix course of study — special branches — admittance. 66-76 124 
text books 77-84 124 

430 



INDEX 

Directors — Continued - Section 

school houses — rent — repair — build, etc.. 85-108 124 

custodian of school property .109-112 124 

suspend or expel pupils 113-118 124 

number of teachers — time 119-136 124 

furnish clothing for indigent children 137 124 

use of district funds 138-145 124 

special levy ^ 146-149 124 

debts 150-155 124 

payment — general fund 152-155 124 

payment — special fund 156-157 124 

contracts other than teachers 158-161 124 

board of health 162-163 124 

directors make financial statement 125 

directors make financial statement other 126 

penalty for failure to publish 127 

when changed from second to first class — who constitutes. 129 

election of — for new district 132 

uniting with lower class — who constitutes 133 

when joint district formed from first class 138 

order more than one voting place in first class district 142 

candidate for, in first and second class districts 143 

may purchase flag — flagstaff — pay for 155-157 

not use general fund for building or lots — exception 164 

provide sterilized drinking cups in schools n page 173 

elect high school committee — fill vacancy 196 

establish district high school — powers — build or lease .220 

may establish and maintain kindergartens 233 

hot interested in contract for district 235 

designate branches to be taught in schools 239 

may admit adults and non-residents to public schools 240 

levy special tax for expense of school .379 

certify necessary levy for special fund 381 

may order levy for library 381 

not reconsider levy for special tax 382 

not employ a teacher without a certificate. 383 

Dismissal — 

of teacher for good cause ^ .383 

Display — 

of American flag 155-156 

of other than United States flag— penalty T.. 161-162 

Districts — 

failing to maintain a school — no funds .IX 

organization of .IX 15 

lending or pledging credit forbidden XI 15 

not become joint owner ..."..... .XI 2 

431 



2 



INDEX 

Districts — Continued Section 

not incur debt by loan — except XI 7 

debt incurred by vote electors 1 XI 7 

submit question of bonds at regular or special election. ... 13 
change in boundary line — not release property bond tax. . . 33 

not required to support two high schools 46 

all children must be educated 71 

lack accommodations — compulsory education not apply. ... 82 

county superintendent keep record of baundaries 96 

county treasurer keep separate report 103 

board of directors of different classes — officers 110 

classification of 110 

special meeting in third class 113 

purpose of 1-6 113 

notice of 7-9 113 

who may call 10 113 

valid though not reported to county superintendent.. 11 113 

taxes, when illegal 12 113 

expenses of — secretary keep account of 116 

to be bodies corporate — hold property 128 

lien law not applicable to school buildings a 128 

school property held in trust b 128 

district established one year 1 128 

change from second to first class — board of directors 129 

census showing 1,000 — directors — election n 129 

first class faHing below 1,000 1 129 

legal district — what constitutes 130 

school district operating one year 130 

organization — census list of new — unorganized territory. . .131 

mandamus not control discretion a 131 

state board cannot change boundaries b 131 

electors fix boundaries new district c 131 

organization — number of children 1-4 131 

size of territory — valuation — children 5 131 

organization — voters — petition 6-11 131 

organization — optional county superintendent 12-16 131 

new, how organized — election of directors — persons trans- 
ferred 132 

of first class, how divided 132 

two-third vote necessary to organize 132 

territory — size — valuation — children 2-3 132 

term of office in new district 4-5 132 

family transferred back to old district 6 132 

text books — vote of people 7 132 

two or more contiguous — how united 133 

failure to petition after notice 133 

uniting upon petition of legal voters 1-6 133 

432 



INDEX 

Districts — Continued Section 

contiguous — when voted upon — notice 7-8 133 

debts of detached territory 9 133 

transferring of territory 10-14 133 

annexed territory — census of 15 133 

organization of joint 134 

deputy not necessarily resident of county 1 134 

territory attached or detached 2 134 

formed by dividing county 3 134 

elections 4 134 

who may vote 5 134 

secretary's bond — warrants 6 134 

when new district entitled to school money 135 

funds for new 135 

annulled by county superintendent 135 

school actually commenced 1-2 135 

failure to open school within six months 3 135 

territory attached or detached 4-7 135 

annullment of 8-11 135 

when not annulled 12-16 135 

disposition of fund, when district annulled 17 135 

Consolidated districts — 

consolidation defined 136 

school board submit question 137 

notice — form of ballot 137 

consolidated not liable for debt of one 1 137 

call meeting to organize 138 

elect directors 138 

purchase site — elect building — transfer children 139 

apportionment of general fund in new district formed 

from old 140 

when cannot be annulled 1 140 

teacher's contract 2 140 

take and hold real estate — amount 141 

qualified fee in land a 141 

power to condemn 1-2 141 

belongs to school district 3 141 

title obtained through individual 4 141 

building on school land 5 141 

elections — see Electors 142 

candidate for director in first and second class 143 

of third class — power of electors 148 

having children attend union high school, support 211 

contributing to high school — election of committee 213 

high school in first class and second class 220 

vote to build or lease building for high school 220 

433 



INDEX 

Districts — Continued Section 

Consolidated districts — Continued 

maintain school three months — failure — no funds. 241 

third class, limit for special tax 381 

property in on May 1st assessed 381 

not reconsider levy of special tax 382 

Doctrines — 

not taught in public school IX 8 

Duties — 

of truant officer 75 

of county superintendent 94 

of high school committee 200 

of union high school committee 210 

of state superintendent 374-376 

Division — 

of school funds upon formation of new district — basis 140 

Drinking cups — 

drinking cups in schools n page 173 

Education — ^ 

provision for school IX 2-3 

Election — 

who entitled to vote VII 1 

absence in civil or military service VII 4 

voters privileged arrest while attending— except — VII 5 

of county officers XIV 8 

no person entitled to vote w^hile in prison VII 10 

bond election see 13-38 

of county superintendent 83 

of school directors— classes of districts 110 

officers of board— by ballot 110 

annual— notices posted— publication— ballot 142 

first class district — section amended n 142 

directors— second and third class— election n 142 

census showing 1,000— directors— election n 142 

annual— place— time— notice 1-3 142 

moving building — vote 4- 6 142 

polls open three hours 7-8 142 

judges of election 9 142 

tax levy reconsidered— when 10-11 142 

electors— directors— qualifications— publish names 143 

ballots — registration— county clerk furnish , 143 

judges— challengers— watchers — fraud 143 

voting— oaths— certificates— taxpayers — bribery 143 

Qualifications of electors 1-5 143 

434 



INDEX 

Election — Continued Section 

illegal— when 6-7 143 

judges of election take oath 8 143 

legal voter 9-11 143 

elector not a taxpayer can vote— when 12-14 143 

must be taxpayer to vote on bonds 15 143 

who may challenge— oath 16-17 143 

procuring site for school house 18 143 

who may be director 19-21 143 

candidacy when vacancy occurs 22 143 

counting of votes — tie — special election 144 

excess ballots— disposition of poll books 144 

canvass of votes— contest. 144 

tie vote — special election 1-4 144 

power of judges 5 144 

contest question for courts 6-7 144 

county superintendent fill vacancy— when 8 144 

old board not hold over 9 144 

continued meeting 10 144 

applies to all school elections 145 

to vote to build or lease buildings for high school 220 

of union high school committee 207, 213 

of superintendent of public instruction 372 

Electors — 

qualifications of VII 1 

qualified elector eligible civil or military office. VII 6 

qualifications of electors 1-5 VII 6 

voting bonded indebtedness 13 

qualification of 146 

women vote— qualifications 147 

powers of at meetings— in third class districts 148 

livery stable certain distance from school a 14S 

electors levy special tax b 148 

lien law not apply school buildings c 148 

who may vote 1-3 148 

site of school house determined by 4-12 148 

building of school house determined by board 13-23 148 

taxes 24-26 148 

special levy 27-35 148 

free text books— vote of people 36-39 148 

tuition 40 148 

to establish high school 191 

Emergency fund — 

see also this subheading under Funds 165, 172 

Exemption — - 

from taxation of what property X 5 

435 



INDEX 

Employer — Section 

see Child labor law under Children 72 

see Compulsory education 73 

Eminent domain — 

district may hold real estate 141 

Enabling act — 

land for schools 7 

seventy-two sections for university 10 

school lands— how sold 14 

sale by trustee when void a 14 

mineral lands excepted 15 

indemnity lands n 15 

Endorsement — 

of warrants by county treasurer 103 

English language — 

taught in public schools 239 

Examinations — 

of applicant appeal to state board :. U 

in districts of first class 47 

record by county superintendent 47 

by county superintendent 149 

time of— age— notification— subjects 149 

other than county seat by deputy— compensation — 149 

endorsement of 149 

like grade 149 

normal school diploma a 149 

teachers' high school examination 1-4 149 

time of examination 5 149 

age of applicant 6-7 149 

rules governing examination 8-9 149 

regular examination only 10-12 149 

permits not granted 13 149 

endorsements 14 149 

certificates include normal schools' diplomas 15-26 149 

superintendent may appoint deputy 27-29 149 

special certificate for high school 30 149 

teacher not entitled to pay for time lost attending.. 31 149 

state superintendent cannot excuse from 32 149 

failure 33 149 

eighth grade 34 149 \ 

answers filed 35 149 

appeal 36 149 

referred law 149a 

bar examination n 149a 

dental examination n 149a 



436 



M 



INDEX 

Examinations — Continued Section 

application for admission to bar a 149a 

for admission to union high schools 210 

of kindergarten teachers 233 

for state diploma 245 

f V r diploma of state normal school 331 

Executive committee — 

of normal institutes— duties— transmit funds 234 

Exemption — 

from taxation— of what property X 5 

Expenses — 

of trial— transportation of juvenile disorderly person- 
county pay 78 

of district— secretary keep account 116 

of purchasing and displaying flag 157 

of normal institute— how paid 234 

of superintendent of public instruction 376 

of school paid by special tax— when 379 

expiration of certificate during term 383 

Expulsion — 

of pupils by school board 124 

F 
Faculty — 

of state normal school, trustees appoint, remove 32? 

Fee — 

applicant for teachers* certificate— pay 174 

registration, for normal institute 234 

for admission to state normal school 329 

Felony — 

directors making profit district money X 13 

Finances — 

secretary render statement of 119 

of school district— treasurer make statement 121 

Fines — 

to comply with law on alcoholic drinks and narcotics 2 

for employing children during school hours— violation 92 

of employer failing to compel instruction of minor in 

employ 72 

for violation compulsory education law 77 

for failure of county superintendent to report 92 

of county treasurer to pay over tax 102 

for failure to publish call for payment of school warrants. 108 
of secretary to make report 116 

437 



INDEX 

Fines — Continued Section 

of treasurer to perform duties — turn over moneys 121 

for superintendent or officer failing to perform duties 122 

collected by justice of the peace— payable to school fund... 150 

county treasurer to render statement 151 

for setting fire public domain 152 

for leaving unprotected fires 153 

fines paid to school fund 154 

Flags — 

may be purchased— displayed—when 155 

directors to purchase and display United States fiag 155 

each department to keep fiag— size 156 

expense and care of 157 

applies to all institutions 158 

injury to,- 159 

superintendent public instruction publish act 160 

display of— other than U. S. exception 161 

violation 162 

state flag— description 163 

Forfeited — 

money by any district 101 

Forfeitures — 

for violation of school law— where— county treasurer place 

credit 177 

for failure to maintain school 177 

Forms — 

state superintendent print and furnish .375 

for making reports— printed with school law 475 

for reports supplied by superintendent public instruction.. 384 

oath of school officer No. 1 

oath of judges of election No. 2 

oath of wutness— county superintendent No. 3 

oath of witness— board of education No. 4 

county superintendent bond No. 5 

petition to form new district No. 6 

order directing notice of meeting to form new 

district No. 7 

notice of meeting for organization of new district. No. 8 
record of meeting for organization of new district. No. 9 

bond of district treasurer or secretary No. 10 

request for special meeting by ten legal voters — No. 11 

notice of special election No. 12 

notice of annual meeting— 2nd and 3rd class dis- 
tricts No. 13 

notice of biennial election No. 14 

438 



INDEX 

Forms — Continued Section 

record of regular or special meetings No. 15 

notification of apportionment of county supt No. 16 

teachers' contract No. 17 

Funds — 

public school fund not transferred to other funds.... IX 3 

public school custodian— state treasurer IX 3 

how distributed among counties IX 3 

how invested— loss— how supplied IX 3 

of public school— interest only expended IX 3 

of county and school district— how collected and dis- 
bursed IX 4 

public school fund of the state defined IX 5 

when land escheats 1 IX 5 

contribution to sectarian institutions prohibited IX 7 

of university— regent control IX 14 

making of profit forbidden public officers X 13 

embezzlement of — makes person ineligible to hold 

ofllce XI 4 

floating debt— bonds for 13 

special fund pay past indebtedness 1 22 

county superintendent apportion general school fund of 

county ,98 

basis of apportionment 99 

county treasurer keep account of school 101 

county treasurer makes annua.1 statement of school 101 

county owns general fund until a 101 

treasurer publish statement of district Ill 

apportionment of general 120 

annual report and census list are filed 120 

of united district county treasurer transfer 133 

division of, upon formation of new district 140 

to new district 140 

county treasurer render statement of 151 

general school funds not used for building purposes, etc... 164 

legal use of general fund 1- 3 164 

illegal use of school funds 4-10 164 

for what purposes special fund may be used 11-12 161 

two school of five months in district not meet re- 
quirement 13 164 

money not turned into general fund 14 164 

Emergency fund — 

permanent school emergency or call fund 165 

to be transferred from general school fund 166 

treasurer to be custodian of 167 

when used 168 

439 



INDEX 

Funds—Continued Section 

Emergency fund — Continued 

payments when made 169 

amount expended in one year 170 

gifts— contributions 171 

vouchers approved by governor and attorney general 172 

attorney general held no money for building from n 172 

moneys under act of congress— apportionment 173 

normal institute fund 174 

applicant for teacher's certificate pay fee 174 

fee — when not required 1-2^ 174 

fee— to whom paid 3-4 174 

fee for duplicate certificate 5 174 

state normal institute fees turned into treasury 175 

apportionment of normal institute fund 176 

penal, paid to county treasurer 177 

duties of county treasurer in regard to 1-2 177 

duties of county superintendent in regard to 3 177 

disposition of fines 4-5 177 

not loaned or invested 178 

ofllcers not loan 179 

no benefit from deposit 180 

penalty 181 

permanent fund from sale lands— invested 182 

for union high school— deficit 211 

special school, for maintaining kindergartens 233 

state normal fund 322, 326, 327 

amount of state school 37C 

apportionment of 377 

distribution 377 

Furniture — 

school board provide 124 

G 

Garnishment — 

school district subject to 188 

provisions apply to all salaries, wages, etc 189 

General assembly — 

not prescribe text book IX 16 

General school fund — 
see Fund. 

German — 

taught in public schools— when 239 

440 



INDEX 

Governor - Section 

approve use of emergency fund 168 

issue proclamation for Arbor Day 224 

issue proclamation for Good Roads Day 231 

appoint trustees of state normal school 325 

Grades — 

of certificate by county superintendent 47 

Ground — 

bonds for purchasing school 13 

Guardian — 

of truant child fined— imprisoned / 77 

Gymnastics — 

taught in public schools— when 239 

H 

Hazing — 

unlawful 184 

punishment 185 

punishment for in educational institutions 186 

jurisdiction of justice of peace 187 

Hearing — 

see also Appeals 5-12 

High schools — 

county high school bond see bonds 39-46 

not required to maintain two 46 

counties classified 190 

petition for organization— county superintendent 191 

submission to voters 191 

qualified voters of joint district— vote 191 

three kinds of high schools— define n 191 

how maintained n 191 

election notices posted twenty days— contents 192 

who may vote 193 

form of ballot 193 

district board act as judges 193 

canvass returns— sent to county superintendent 194 

county superintendent announce result 195 

call directors— elect committee 195 

county superintendent ex-oflicio secretary 195 

county superintendent has vote 1-2 195 

county superintendent need not give bond 1-2 195 

county superintendent no vote selecting committee... 3 195 

county superintendent no salary as secretary 4 195 

term members high school committee 196 

committee— vacancy— how filled 196 

441 



INDEX 

High schools — Continued Section 

expiration of ofRce 1-2 196 

meeting of committee— regular, special 197 

twenty days' notice special meeting 1 197 

hi^h school district body corporate 198 

may hold real estate 199 

powers and duties of committee 200 

powers of committee 1-5 200 

principal cannot be county superintendent 6 200 

principal no authority over county schools 7 200 

special certificate to teach in high schools 8 2O0 

warrants not drawn until levy made 9 200 

how high school supported 10 200 

powers and duties of president 201 

powers and duties of secretary 202 

powers and duties of treasurer 203 

powers and duties same directors first and second class... 204 

tax levied by county commissioner 205 

tax collected and paid out by county treasurer 205 

tax paid out on warrant president and secretary 205 

levy for library 205 

high school districts subject to this act 206 

Union high schools — 

how established 207 

kinds n 207 

committee at county seat a 207 

how established 1 207 

committee— oath— bond— members 2-4 207 

committee— term— vacancy 208 

committees— meetings 209 

powers of committees 210 

has right of body corporate 1 210 

powers of board not increased 2 210 

how maintained 211 

proportion of school fund— deficit , 211 

apportionment of school fund 1 211 

forty weeks annually 212 

who may be admitted 212 

districts contributing voice in election 213 

Union high schools counties of fourth and fifth classes — 

organization 214 

how supported 215 

annual levy— building 215 

addition— outlying district 216 

no conflict 217 

board how constituted— election 218 

442 



INDEX 

High schools — Continued Section 

Union high scJiools counties of fourth and fifth classes — 
Continued 

committee 1-3 218 

qualifications to enter 219 

course of study 219 

District high schools — 
board in first or second class districts establish high 
school 220 

High school committee — 

see also High school • 195 

High school fund — 

see also Funds * 205 

High school tax — 

see also Tax 205 

Holidays^ 

school year— month— week— day— national holidays 221 

holidays and semi-holidays n 221 

legal holidays— ho w observed 1-8 221 

teacher entitled to salary for legal holiday 9-12 221 

vacation— teachers not entitled to pay 13-14 221 

year 15 221 

time to hold organization 16 221 

hour's intermission 18 221 

Arbor day — 

third Friday in April 222 

how observed in schools 223 

legal holiday 1 223 

governor issues proclamation, report of county supt 224 

Colorado day — 

first day in August 225 

when first day falls on Sunday 226 

Columbus day — 

twelfth day of October 227 

Election day — 

election day in November 225 

Good roads day — 

second Friday in May 229 

public school observe 230 

proclamation of governor 231 

Humane treatment of animals — 

to be taught in publip schools 239 

Hygiene — 

taught in public schools 239 

443 



INDEX 

I 

Indebtedness — Section 

of school districts not incurred by pledging credit — XI 1 

limit of bonded 14 

of school district refunded— new bonds issued in pay- 
ment of 35 

Indemnity land — 

what constitutes n enabling act 15 

Indigent children — 

relief 79 

Institutes — 

see Normal institutes 234 

Interest — 

of public school fund only expended IX 3 

on school district bonds 20 

on bonds— special tax levied to pay 22 

on United States and state bonds 32 

on refunding bonds 35 

on new bonds . / 35 

on school warrants— when cease 103 

rate of— on school orders and warrants— endorsement 232 

J 

Joint district — 

organization 134 

Judges of election — 

administer oath 18 

in first class district 142 

president, secretary and treasurer of school board act as.. 143 

administer oath to challenged voter 143 

count— declare results— transmit report 144 

Judgment — 

state or county superintendent not render for money 12 

Justice of the peace — 

report amount of fines collected payable to general school 
fund 150 

Juvenile disorderly person — 

who is 74 

commitment of— offense 78 

K 
Kindergartens — 

may be established free 233 

age of children 233 

part of public school system 233 

444 



INDEX 

Kindergartens — Continued Section 

teachers have diplomas 233 

establishment of school mandatory a 233 

certificates 1-5 233 

L 
Librarian — 

ex-officio—superintendent of public instruction IV 20 

assistant— appointment— duties— salary 378 

Library — 

number of volumes — amount raised for — report 116 

immoral books, etc., excluded from school 124 

directors may levy special tax for 181, 381 

License — 

see also Certificate 47 

Limit— 

of bonded indebtedness 14 

of tax certified by county high school 205 

of taxes for county school purposes 186, 379 

of special tax in third-class district 188, 381 

IVI 
IVIaintenance — 

of union high school—length of school year 211, 212 

of kindergartens— special school fund 233 

Map — 

of boundaries of district— county superintendent prepare... 96 

Meetings — 

for contracting bonded debt 13 

special meeting for bonding 45 

board of directors— regular, special or adjourned 112 

special in district of third class— petition— notice 113 

of school board and district— president preside over 114 

secretary record proceedings of 115 

secretary give notice of 116 

to vote upon free text-books 124 

for organization of new districts 132 

for uniting districts 133 

of electors in third-class district— officers 148 

of boards of directors of county 196 

of high school committee 197 

of high school committee— special 209 

of state board of education 244 

445 



INDEX 

Misdemeanor — Section 

persons employing children during school hours— guilty 

of 63, 72 

failure to publish call for payment of school warrants 108 

superintendent or officer failing to perform duty— guilty 

of 122 

Mileage — 

of county superintendent— commissioners may allow— ex- 
ceptions 87 

Money — 

school board not make profit on district money X 13 

amount of— received— expended, etc, by school board 116 

Month — 

school— what constitutes 221 

M utes — 

see also Deaf and Blind 271 

N 
Narcotics — 

see Alcoholic drinks and narcotics 1-2 

Non-residents — 

admitted to public schools— when 240 

admitted to deaf and blind school 278 

Normal districts — 

number of— boundaries , 234 

Normal Institutes — 

applicant for certificate pay fee 174 

* state normal institute fund 175 

apportionment of funds 176 

organization of ; 234 

classification of counties 234 

executive committee— expenses 234 

funds arising from fees 234 

normal institute fund defined 234 

state divided into districts, classification of county— who 

conduct 234 

expenses of— how paid— registration fee 234 

appropriation by county commissioners '.. .234j 

number of— boundaries ■ 234] 

where held— when— conductor— instructor — 234| 

county superintendent not entitled to paj^ a 234 j 

five per cent, credit for attendance at 1-5 2341 

session of 6 2341 

teacher not paid for attendance 7 2341 

pay for services as conductor 8 234| 

446 



INDEX 

Normal institutes — Continued Section 

time and place of — how determined 9 234 

certificate not endorsed 10 234 

fee 11 234 

meeting of committee— by whom called 12 234 

attendance county superintendent not compulsory 13 148 

referred law 234a-g 

Notice — 

by county superintendent of appeal 8 

to adverse parties upon appeal 8 

of meeting to submit subject of contracting debt 15 

of funds to pay warrants 103 

for presentation of school order for payment 106 

of special meeting in district of third class 113 

of meetings— secretary give 116 

of meeting to organize new district from old 131 

of meeting to unite district 133 

of annual election — how and where posted 142 

publish— failure to give 142 

of Intention to be candidate for director— publication of 143 

of special election— failure to give 144 

of examination by county superintendent 149 

of meeting to fill vacancy in high school committee 196 

thirty days before revocation of state diploma 250 

of examination for state diploma 252 

to county superintendent — apportionment — state school 
fund 184, 377 

O 

Oath— 

of office XII S 

where filed XII 9 

upon appeal 8 

president of state board of education administer 9 

administered to challenged voter 11 

of county superintendent 42 

county superintendent administer to directors, etc 52 

of directors— filed 70 

of challenged voter 93 

of oflEice— trustees of state normal school take 165 

- of state superintendent of public instruction 180 

Office- 
challenge to fight duel disqualifies for oflace XII 12 

of county superintendent— commissioners provide 88 

kept open when 88 

of superintendent of public instruction 376 

447 



INDEX 

Officer — Section 

person convicted of embezzlement, not eligible to 

office XII 4 

subscribe oath to support constitution XII 8' 

file oath of office with secretary of state XII 9 

failing to qualify office becomes vacant XII 10 

elected to fill vacancy— term expires. XII 11 

no person fighting duel, etc., hold office XII 12 

of school— failing to enforce act 2 

directors— term— power 110 

duty— failing or refusing to perform 122 

of new district from portions of old 132 

of county high school committee 196 

of union high school committee 207, 208 

not interested in public contract 235 

not deal in warrants 237 

Official bond — 

see Bond. 

Omission — 

of county commissioner to levy school tax 380 

Orders — 

see Warrants. 

Organization — 

of board of directors in first-class district 110 

of new district from old 131, 132 

of joint district 134 

P 
Parental or truant school — 

see also Truant schools 352, 363 

Petition — 

of voters to submit question of bonded debt 13 

of special meeting in district of third class 113 

for organization of new district 131 

to annex or detach territory to district 133 

to submit question of county high school— contents 191 

to commit child to truant school— contents— verification — 357 

Penalty — 
see Fines. 

Permanent school emergency fund — 

see also subheading under Funds 165, 172 

Personal property — 

school board hold in trust 124 

Persons — 

of school age stated in report of board 116 



INDEX 

Physical examination of children — Section 

state superintendent prepare test charts 68 

teacher report defectiveness 69 

expenses, how paid .* 70 

Place — 

of holding" annual election 142 

of holding normal institutes 234 

Powers — 

of truant officer 75 

of directors in district of first and second class 110 

of directors to make by-laws 123 

of election in district of third class 98, 148 

of high school committee 124, 196 

of union high school committee 132, 210 

of directors over district high schools 128, 220 

President — 

of directors sign bond 21 

administer oath to directors HI 

preside at meetings of school board and district 114 

sign orders on county treasurer— appear in suits 114 

of school board act as judges of election 143 

of trustees of state normal school— duties 330 

President of state agricultural college — 

recommend member of board of examiners 251 

President of state board of education — 

administer oaths upon appeal— render decision 11 

President of state normal school — 

assist in fixing time and place of holding normal insti- 
tutes 234 

recommend member of state board of examiners 251 

sign report 334 

President of state school of mines — 

recommend member of board of examiners 251 

President of state university — 

recommend member of board of examiners 251 

Printing — 

of school laws — how paid 375 

registers and blank books— how paid 375 

Property — 

annexed to district liable to bond tax 33 

of new district formed from old 140 

449 
15 



INDEX 

Publication — Section 

of call of payment of school warrants— failure— penalty... 108 

of statement of district funds in first-class district Ill 

of notice of annual election. 142 

Public contracts — 

officers not interested in 235 

directors not make contract with board 1-4 235 

school board let contract to husband of director 5 235 

penalty 236 

officer dealing in warrants— penalty 237 

Public Indebtedness — 

restrictions concerning- XI 1-2 

Public institutions — 

educational— supported by state VIII 1 

what are educational VIII 5 

Public moneys — 

embezzlement of— makes person ineligible to hold 

office XII 4 

Public school Income fund — 
see Funds. 

Public school — 

school lands enabling act 7 

support of— provide for sale of lands enabling act 14 

age of pupils who may attend IX 2 

at least three months in each district IX 2 

providing for establishment and maintenance of free. IX 2 

fund, of what consists IX 5 

no sectarian doctrines taught in IX 8 

no distinction of race or color in IX S 

general assembly provide for organization IX 15 

prohibition concerning text books IX 16 

. corporation subject to school ta^x X 10 

alcoholic drinks and narcotics taught in school 1 

attendance at night 73 

number of— stated in report of board 116 

school board exclude immoral books, etc., from 124 

school board fix time for opening and closing 124 

public— defined 238 

public school— kinds n 238 

what constitutes .1-3 238 

taught in English language— Spanish— German 238 

humane treatment to animals 238 

certificate— modern languages— music 1 239 

German when taught 2-3 239 

public— open to children of school age ...240 : 

450 



INDEX 

Public school — Continued Section 

who entitled to privileges 1-4 240 

maintain organizations ."> 240 

director's power {] 240 

terms lengthened by private subscription 7 246 

summer school S 240 

building where situated !) 240 

must be maintained three months— failure 241 

maintain organization— entitled to funds 1-3 241 

Punishment — 

of illegal voting 143 

Pupils — 

no distinction of— in public school IX H 

number in school— enrolled— attendance in report 116 

school board require to be furnished with books .124 

suspend or expel— exclude under six years .124 

admitted from adjoining district ' 124 

Q 

Qualifications — ' 

of electors VII 1 

of elector for any civil or military office VII 6 

religious test or qualification prohibited IX 8 

of county officers XIV ^ 10 

to issue bonds 13 

of teachers 47-149 

of voters at school election , 143 

at election to contract debt 143 

for admission to district high school 220 

for admission to union high school 210-212 

for conductor or instructor of normal institute 234 

of applicant for state diploma 245-252 

for admission of students to state normal school 328-329 

Questions — 

for examination of teachers prepared by state supt 47, 374 

R 
Real estate — 

school board hold, in trust .124 

district take and hold, amount 141 

Recommendation — 

of state board examiners 252 

of state superintendent of public instruction 376 

451 



INDEX 

Records — Section 

of transactions of truant officers 75 

of county superintendent's office open to inspection 94 

of organization of new districts 132 

Redemption — 

of bonds— manner 31 

of refunding- bonds— of new bonds 35 

Refunding — 

bonded indebtedness of school district 35 

Regents of University — 

election— term of office— body corporate TX 12 

shall elect president— term of office— duties IX 13 

shall have control of funds of university IX 14 

Registers — 

state superintendent to print and furnish 375 

teacher keep daily— file with secretary 3S4 

additional— kept by teacher 3S4 

Registration fee — 

normal institute > 234 

Registry — 

of school district bonds— when— how 23 

Religion — 

instructions in not to be given in parental or truant school. 355 
inmates of such school may receive training in ...198, 355 

Religious service — 

teachers and students not required to attend IX 8 

Removal — 

of teacher — when 383 

Rent- 
school houses— school board ma^- 124 

Repair — 

school houses— school board may 124 

Report — 

see also Biennial report. 

of certificates granted by directors of first-class districts.. 47 

annual of county superintendent 91 

penalty for failure of county superintendent to make 92 

secretary to preserve copies of. 115 

make annually— what contain 116 

• of school board— annual 124 

to state superintendent 124 

of election— judges make and transmit 144 

of fines collected by justice of peace 150 

452 



INDEX 

Report — Continued Section 

of county treasurer of amount of fines received 151 

county superintendent make annual of Arbor Day 224 

of trustees of state normal school contents— verification 334 

Residence — 

of an unmarried person 97 

residence defined 1-8 97 

children's residence— where 9-13 97 

minors' residence — where • 14-16 97 

renters'— when resident 17-18 97 

retain residence— ho w 19 97 

Revenue — 

see Taxes. 
Revocation — 

of certificate by county superintendent 47 

of state diploma 250 

Rules — 

of state superintendent— board enforce 124 

of meetings in third-class districts 148 

state board of education adopt 244 

S 

Salary — 

classification of counties for XIV 15 

of county superintendent 87 

of teacher adult blind 283 

of assistant state librarian 378 

School — 

see also Public school 238 

School age — 

defined 242 

School boards — 
see Directors. 

School buildings — 
see Buildings. 

School census — 

secretary take annually — forward to county supt 115 

copy for districts of first and second class 115 

of new district 131 

basis of division of school funds in new district 140 

defined 242 

who included in 1-3 242 

School day — 

what constitutes •. 221 

453 



INDEX 

School districts — Section 

see Districts. 

School fund — 

see Funds. 

School furniture — 

school board provide , 124 

School for deaf and blind — 

see subhead under State educational institutions. 

School grounds — 

district may hold real estate 141 

creating debt to purchase 143 

School houses — 

exempt from taxation ' X 5 

lots exempt from taxation. ., aX 5 

number and value stated in report of board 116 

school board may rent, repair, insure, build or remove 124 

of new district formed from old 140 

site of— fixed by electors in third-class district 148 

sale of— by electors of third-class district 148 

School income property — 

exempt from taxation b X 5 

School lands — 

sections 16 and 36 are En. Act 7 

seventy-two sections for university En. Act 10 

how sold— price En. Act 14 

mineral lands excepted En. Act 15 

indemnity lands En. Act 15 

School laws — 

published by superintendent of public instruction 375 

how distributed 375 

School lots — 

see Directors and Electors. 

exempt from taxation X 5 

directors purchase or sell— where .124-81 

directors may hold— when 141-91 

School month — 

221 

Schools — 

see also Public schools 238 

School year — 

commence and end 221 

454 



INDEX 

Seal— Section 

of district attached to bonds 21 

of trustees of state normal school 324 

Sectarian institutions — 

appropriations to, from school fund prohibited IX 7 

Secretary of high sciiool committee — 

give notice of meeting 196 

Secretary — 

file transcript in office of county superintendent— certify it. 8 

ascertain number of blind and deaf mutes 97 

preside in absence of president 114 

give bond— conditions— approval— where filed 115 

duties of 115, 116, 119 

failure to file report and census list 120 

school board to fix compensation 124 

give notice of annual election— failure 142 

publish or post notice of candidates for directors 143 

act of judges of election 143 

furnish ballots 143 

Secretary of state normal school — 

sign report 334 • 

Secretary of trustees — 

of state normal school— bond— duties 330 

Secretary of state — 

member of state board of education 243 

Spanish — 

taught in public schools— when 239 

Special meetings — 

see Meetings. 

Special tax — 

to pay interest on bonds— cash 22 

amount of— for support of schools, etc 116 

to pay school expenses — when commissioners levy 379 

directors certify amount commissioners levy— payable in 

cash 3S1 

not reconsider levy of 382 

State aid for weak districts — 

see also subheading under Funds 165-172 

State auditor — 

register bonds 23 

approve bond state superintendent of public instruction — 373 

draw warrant for printing school laws 375 

draw warrant for state school funds.. 377 

455 



INDEX 

State board of education — Section 

who shall constitute— powers— duties IX 1 

not prescribe text books IX 16 

appeal to, from county superintendent 11 

not render judgment for money 12 

who shall constitute 243 

meeting and powers of 244 

normal institute fund 1 244 

grant diplomas 245 

certificates from other states 1 245 

diploma for eminent service 246 

who need not take examination 247 

diplomas without examination 248 

diplomas license for five years 249 

temporary non-renewable certificate 249 

board may revoke diploma 250 

remove state teacher adult blind 2S2 

State hoard of exaininers — 

who constitutes— how appointed 251 

applicants to be examined 252 

grades how applied , .1-2 252 

experience required before examination 3 252 

certificates from other states 4 252 

requirements of applicants 233 

State board of health — 

recommend standard works on narcotics n 1 

State bonds — 

see Bonds. 

State diplomas — 

see also diplomas 245-250 

State educational institutions — 

charitable institutions established VIII 1 

properties and moneys— location VIII 5 

locations changed when a VIII 5 

classification of appropriations b VIII 5 

internal improvement includes what c VIII 5 

no religious test required for admission IX 8 

Agricultural college at Fort Collins — 

college— objects 254 

design and objects 255 

qualifications of students 256 

programme 257 

duration of course 258 

academical year— term— suspension 259 

labor on farm— hours 260 

456 



il 



INDEX 

State educational institutions — Continued Section 

Agricultural college at Fort Collins — Continued 

tuition fees— discrimination 261 

board control college and farm— by-laws 262 

board choose president and tutors— vacancy 263 

board employ professor long term a 263 

employment extending- over term b 263 

board prescribe duties— confer degrees 264 

faculty how constituted 265 

wages to students— boarding at cost 266 

Agricultural college at Fort Lewis — 

school of agriculture, mechanic and house arts 267 

state board of agriculture control 268 

Horticulture and forestry — 

branch school at Grand Junction 269 

state board agriculture manage 270 

Colorado school for deaf and Wind — 

object of institution 271 

name of school 272 

educational institution of state 273 

trustees— appointment term 274 

superintendent— appointment 275 

duties of superintendent— discharge of teachers 276 

admission of pupils— support 277 

residents of other states— when admitted 278 

when counties pay expense 279 

Teacher — adult blind — 

office of state teacher .280 

duties of teacher 281 

services— report 282 

salary— how pay able— expenses 283 

Industrial school for hoys — 

industrial school established 284 

located— building 285 

board of control appointment— term— vacancies 286 

biennial report to state superintendent 287 

board make rules— appoint superintendent, agencies, etc — 288 

duty of board to receive boys 289 

commitment to school— term— jurisdiction of courts 290 

parent, guardians indenture boys to school 291 

treatment— board may return, duty of magistrate 292 

discharge or bind boy — when 293 

persons caring for boy— compensation — schooling 294 

clergymen impart religious instruction 295 

457 



JNDP]K 

State educational institutions — Continued Section 

Industrial school for girls — 

industrial school established 296 

board of control— appointment— term— superintendent 297 

county liable for maintenance— statement 298 

powers of board 299 

board receive all persons com.mitted 300 

under control of board 301 

reg-ulations established by board 302 

rules established by board 303 

credit for good behavior 304 

marks of credit 305 

release of girls 306 

girls may be placed in homes 307 

superintendent— duties 30S 

superintendent keep daily journal : 309 

register— contents 310 

abstract of record 311 

parole , 312 

incorrigible girls returned home 313 

commitment— term 314 

jurisdiction of courts— summary proceedings 315 

peace officers arrest — when 316 

cause of commitment certified superintendent. 317 

commitment— return to county *. 318 

not confined to jail— appeal 319 

term of commitment 320 

school non-sectarian 321 

State normal school — 
establishment of 322 

State teachers' college of Colorado — 

state normal known as 323 

trustees— powers— seal— by-law^s 324 

governor appoint trustees— term— oath 325 

part public school system— apportionment funds 326 

supervisory power over 326 

powders of trustees 327 

qualifications— examinations— declaration 328 

open to residents of states— other persons— fees 329 

officers of board— duties— bond 330 

diplomas— examination— graduation 331 

diplomas license to teach— how annulled 332 

normal school diploma a 332 

registration of diploma b 332 

no fee for diploma 333 

458 



INDEX 

State educational institutions — Continued Section 

Slate teachers' college of Colorado — Continued 

no fee for registration I 333 

report trustees— contents— verification 334 

Normal school at Gunnison — 

school established at Gunnison 335 

management 336 

School of mines — 

located at Golden 337 

board of trustees— term 338 

control— management 339 

instruction provided for 340 

trustees cannot issue diplomas except a 340 

school open to all 341 

governor appoints trustees consent senate 342 

State home for dependent and neglected children — 

state home established 343 

board control — appointment — term 344 

object— dependent children received— guardianship 345 

children placed in private homes 346 

guardianship' ceases ward becomes self supporting 347 

classes of children returned to counties 347 

State home and training school for mental defectives — 

establish home 348 

management state home 349 

superintendent— matron— appointment 350 

who admitted to state home 351 

Truant schools — 

established— in what cities 352 

sites— location— furniture— levy 353 

officers— course of instruction 354 

no religious instruction— religious training 355 

directors determine use of Bible in school 1-2 355 

habitual truant— petition to court 356 

hearing— commitment— notice 357 

parent or guardian pay maintenance 358 

regulations for parole 359 

monthly report— discharge— recommitment 360 

violation of parole— penalty— second parole 361 

incorrigible— committed to reformatory 362 

established cities over 25,000, under 100,000 363 

University — 

studies— qualifications of students 364 

change of location of university a 364 

each county entitled to one pupil free 365 

459 



INDEX 

State educational institutions — Continued Section 

University — Continued 

tuition fee 366 

religious or irreligious control 367 

regents— election— term of office 368 

departments— degrees— diplomas 369 

report— contents 370 

regents report to state superintendent pub.ic instruction. . .371 

State normal Institute fund — 

how constituted 125 

apportioned— used 176 

State normal school — 

established at Greeley 322 

known as state teachers' college 323 

trustees— corporate powers— seal 324 

governor appoint trustees— oath— term— superintendent pub- 
lic instruction member 165, 325 

part of public school system— apportionment of funds.. 166, 326 

powers of trustees .• 167, 327 

qualifications for admission— examination 169, 328 

open to residents of the state— other persons— fees 170, 329 

officers of board— duties— bond 171, 330 

diplomas— examination— graduation 172, 331 

diploma license to teach — license annulled 332 

diploma license to teach— license annulled a 332 

registration of normal school diploma 1 332 

no fee for diploma 333 

no fee for registration d. 1 333 

report of trustees— contents— verification 334 

at Gunnison 335-336 

State school fund — 

see Funds. 

State superintendent of public instruction — 

see also Superintendent of public instruction. 

State teachers' college of Colorado 323 

State university — 

regents of —terms IX 12 

president of— ex-officio member of— duties IX 13 

duties of board of regents IX 14 

Student — 

qualifications for admission to state normal school 328 

sign statement to teach in public schools 329 

460 



INDEX 

Study — Section 

see Course of study 129 

of alcoholic drinks and narcotics 1 

course of, in state normal school 327 

Suffrage — 

see Election. 

eligibility to office VII 4 

Suits — 

to recover fines, penalties and forfeitures 177 

State superintendent — 

executive department consist of whom IV 1 

when chosen IV 2 

who eligible IV 4 

vacancy how filled IV 8 

ex-offlcio state librarian IV 20 

president state board of education IX 1 

take oath to support constitution XII 8 

oath filed with secretary of state XII 9 

prepare test charts for physical examination 68 

direct apportionment of general fund— when 120 

publish flag act with school law 160 

pay examination fees to state treasurer 175 

apportion state normal institute fund 176 

promote observance of Arbor Day 224 

certify to state auditor number attending normal institute. 234 

assist in fixing time and place holding institute 234 

president state board of education 243 

president state board of examiners 251 

fix bond for secretary state normal school 330 

member board of trustees state normal school 331 

member of examining board state normal school 331 

may annul normal school diploma 331 

regents of state university report to 371 

when elected— term 372 

oath and bond 373 

office— duties— powers 374 

furnish registers and blank books 375 

approve bills for printing school laws 375 

. certify to state treasurer for blanks 375 

publish school laws 375 

supervision of county superintendent and public schools — 375 

powers in regard to certificates 1-9 375 

take no part in organizing district 10-11 375 

special elections 12-13 375 

no power to compel co. supts. to turn over records.. 14 375 

461 



INDEX 

State superintendent — Continued Section 

biennial report— visits— expense 376 

g-overnor may require information of 376 

apportionment of school fund 377 

two apportionments 1 377 

assistant librarian— salary 378 

Suspension — 

of pupils by school board 124 

T 
Tax — 

see Special tax. 

to pay principal of bonds— interest 22 

amount of— fixed by electors in third-class districts 148 

limit of levy for high school— collection— paid out 205 

no increase beyond legal rate to provide for truant school. 353 

Taxation — 

what property exempt X 5 

corporation subject to tax X 10 

government land not taxable a 22 

Taxes — 

special tax— commissioners levy to pay bonds 22 

to pay bonds— commissioners levy 37 

county treasurer certify amount collected and uncollected. 102 

county commissioners levy county school— basis— limit 379 

tax levy becomes lien— when a 379 

property located partly within district b 379 

county school, paid in cash 379 

apportionment of two mill levy 1 379 

duties of county commissioners in regard to levy... 2-3 379 
commissioners no authority to change levies— 

when certified 4 379 

tax not voted — commissioners levy when 5 379 

new levy in consolidation— when 6 379 

warrants drawn— when 7-8 379 

county clerk must levy— officers failing— forfeitures 187, 380 

school board certify amount needed to county commrs 301 

twenty mill limit— duties assessors and treasurer 381 

one-tenth of one mill for libraries 381 

mandamus county commissioners when a 381 

electors levy special tax b 381 

property located partly within district...' c 381 

certify special twenty mill 'limit 1-4 381 

levy for libraries 5-6 381 

special levy in first and second class districts 7 381 

special taxes collected on range stock— when 8 381 

462 



INDEX 

Taxes — Continued Section 

cannot change school tax of resident 9 381 

new levy upon consolidation 10 381 

when warrants drawn 11 381 

levy not to be reconsidered 382 

levy cannot be changed 1-7 382 

Teachers — 

not required to participate in religious services IX 8 

penalty for failure to comply with narcotic law 2 

report physical condition of pupils , . . . 6& 

number employed stated in report of board— amount paid.. 116 

school board determine number 124 

board require to conform to law 124 

employed and discharged by school board — 124 

examination of 149 

pay examination fee 174 

of kindergarten— have diplomas 233 

examination of for state diploma 245-253 

of adult blind 280 

duties of adult blind teacher 281 

must have license— expiration— proviso 3S'3 

dismissal of— for cause only 383 

certificates— modern language— music— drawing 383 

contracts generally 7-21 383 " 

no compensation without license 22-25 383 

salary 26-45 383 

employment of 45-50 383 

special subjects required ot 51-54 383 

dismissal of 55-62 383 

certificate, expiration of 63-65 383 

authority over pupils 66 383 

pupils, admittance to grade 67 383 

janitor work not required of 68 383 

married women maj^ teach 69 383 

relatives of directors may teach 70-71 383 

husband and wife teach in same school 72 383 

teacher keep register— statistics'— blanks 384 

notify county superintendent of beginning and close of 

term 384 

reports— forfeiture of salary upon failure 1-4 384 

jurisdiction of 5-11 384 

duties of 12-13 384 

special teacher 14 384 

directors power over pupil and teacher 15 384 

dismissal of 16 384 

463 



INDEX 

Teachers — Continued Section 

physician's certificate not required of 17 384 

no appeal on unaccepted papers from another 

county 18 384 

Teachers' normal institutes — 

see also Normal institutes 234 

Teachers' retirement fund — 

under control of directors 385 

payable to whom 386 

mode of securing fund 387 

Term — 

of office of county superintendent 83 

of office of school directors and officers 110 

of ofl[ice of directors appointed first-class districts 123 

of school fixed by school board 124 

of office of directors in new district 132 

of office of high school committee 196 

of office of union high school committee 208 

of school year of union high school 212 

of ofl?ice of trustees of state normal school 325 

of office of superintendent public instruction 372 

Territory — 

annexed to or detached from district 133 

Testimony — 

taken upon appeal from directors 10 

none taken upon appeal from county superintendent 11 

Text books — 

prohibition in regard to IX 16 

when furnished free 124 

school board designate kind— not change— exception 124 

Tie- 
vote at regular election 144 

Time — 

of holding institutes 234 

Tobacco — 

penalty selling to children under sixteen 4 

Transcript — 

of record upon appeal to county superintendent 8 

of proceedings before county superintendent 11 

Treasurer of school board — 

of school district advertise — pay district bonds 22 

purchase territorial bonds— premium 31 

invest funds in United States bonds— record — 31 

collect interest coupons— turn over proceeds 32 

464 



INDEX 

Treasurer of school board — Continued Section 

failure to publish call for school warrants— misdemeanor. .108 
give bond— publish statement of district funds in first-class 

district ' Ill 

countersign and keep account of warrants 121 

take charge of moneys— pay same out 121 

render statement— failure to perform duties 121 

act as* judge of election 143 

Truant — 

defined 74 

habitual to be brought' before county court 356 

committed to parental or truant school— appeal. 357 

expense of, how paid 358 

Truant officer — 

directors in first and second-class districts appoint 75-77 

compensation— powers— duties — record 75-77 

in third class districts 76 

make complaint to county court 77 

duties 77 

report indigent parents or guardian 79 

duty under parental or truant school act 356 

Truant schools — 

no religious test IX 8 

parent of truant child fined— imprisoned 77 

to be established when— where 352 

building— site— location— no increase of levy 353 

duty of board of education to furnish— of city where 

established 353 

powers and duties of officers- course of instruction- 
teachers 354 

no religious instructions in— regulation 355 

directors determine use of Bible in school 1-2 355 

child committed to— by county court on petition 356 

parent notified of proceedings to commit to 356 

hearing— commitment— notice to parent 357 

parent or guardian pay maintenance S58 

board of education make rules for parole 359 

discharge— re-commitment— monthly report 360 

violation of parole— re-committed 361 

incorrigible child committed to juvenile reformatory 362 

established in cities over 25,000, under 100,000 363 

Trustees — 

of state normal school— number— powers 324 

governor appoint— term of office— oath 325 

superintendent of public instruction— member 325 

465 



INDEX 

Trustees — Continued Section 

appoint faculty — powers 326 

prescribe qualifications of students 327 

report of 334 

elect president— bond of secretary 335 

Tuition — 

school board determine rate for non-residents 124 

U 
Union high school — 

see also High school 207-219 

United States bond — 

see Bonds. 

University — 

lands for support of F]n. Act 10 

regents— election IX 12 

rege^its elect president— powers IX 13 

regents control university IX 14 

V 

Vacancy — 

in office of county superintendent— how filled 86 

of school directors— how filled • 95 

of school directors' HI 

in board of directors— absence may work 114 

in boards of first-class districts 123 

in judges of election— how filled 143 

in high school committee— how filled 196 

of union high school committee— how filled 208 

Violation — 

of compulsory education law— penalty 80 

Visits— 

of superintendent of public instruction 376 

Vote— 

* of elector rejected— when 143 

Voter- 
privileged from arrest VII 5 

see Electors. 

upon issuance of bonds — challenge 18 

two may give notice of annual election 142 

W 

Wages — 

school board fix amount of and pay 12i 

466 



INDEX 

Warrants — Section 

school fund disbursed on warrant co. supt IX 4 

endorsed by county treasurer— listed— draw interest— paid.. 103 

in excess of tax levy unlawful 103 

CO. treas. pay in order of registration— notice to present... 106 
failure of county treasurer to publish call for payment of.. 108 
upon CO. treas.— president sign— drawn to person indebted.. 114 

secretary draw and countersign 115 

secretary draw and countersign— keep register of 115 

treasurer countersign and keep account of 121 

not drawn for payment of delinquent officer 122 

rate of school interest— endorsed thereon 232 

officer not deal in 235 



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